Pradeep Deshlahare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6309 of 2015 Pradeep Deshlahare S/o. Neelkanth Deshlahare, aged about 27 years, Caste- Satnami, R/o. Village Chandipara, Kurud, Post Office and Police Station & Tahsil Kurud District Dhamtari (C.G.) ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Kurud District Dhamtari, Chhattisgarh.

---- Respondent For Applicant :- Shri Shivendu Pandya, Advocate For Respondent/ State :- Shri S.R. J. Jaiswal, Panel Lawyer, Hon'ble Shri Justice Goutam Bhaduri Order On Board By 24/11/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 321/2015 registered at Police Station- Kurud, District - Dhamtari (C.G.) for the offence punishable under Section 498(A) of IPC.

2.

As per the prosecution, the complainant Smt. Seema Deshlahare was married with the applicant on 27.03.2015 and subsequently she was subjected to cruelty on account of demand of dowry. therefore, the complainant has lodged a report against the present applicant for the offenecs punishable under section 498A of IPC. 3.

Counsel for the applicant submits that the applicant have been falsely implicated in this case and the charge sheet in this case has already been filed. He further submits that there is no virtually demand

made by the complainant in the FIR and th erefore, he may be enlarged on bail.

4.

Per contra, state counsel opposes the prayer for grant of bail. 5.

Having regard to the fact that the present applicant is in jail since 26.10.2015, and the offences is triable by JMFC, I am of the opinion that it is a fit case where the present applicant can be released on bail. 6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

8.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Santosh