Pramod Soni v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.2597 of 2018 Pramod Soni, S/o Khunuwa Soni, aged about 32 years, resident of Ward No.8, Patwapara, Takhatpur, P.S. Takhatpur, District Bilaspur, Chhattisgarh ---- Applicant versus State of Chhattisgarh through Station House Officer, Police Station Sahapur Lohara, District Kabirdham, Chhattisgarh ---- Respondent For Applicant :

Shri F.S. Khare, Advocate For Respondent :

Shri Sumit Jhanwar, Panel Lawyer Hon'ble Shri Justice Arvind Singh Chandel Order on Board 10.5.2018 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.5 of 2018 registered at Police Station Sahapur Lohara, District Kabirdham for offence punishable under Sections 294, 324, 506-B and 498A/34 of the Indian Penal Code. 2.

Case of the prosecution, in brief, is that present Applicant is husband of Complainant Divya Soni. Marriage between them was performed in the year 2015. It is alleged that after 1 month of the marriage, the Applicant/husband of the Complainant, her in-laws and their other family members started subjecting her to cruelty for demand of dowry. It is further alleged that on 6.1.2018, when the Complainant had come to her paternal house, on 8.1.2018 the Applicant also came there and demanded money from her mother. When she asked him how her mother will give him money, the

Applicant abused and assaulted her with a pointed rod and thereafter fled from there. A case has been registered against the Applicant and his family members.

3.

Learned Counsel appearing for the Applicant submits that the Applicant has falsely been implicated. He is innocent. After the marriage, the Complainant herself was insisting for residing separately from the house of the in-laws and she herself had gone to her paternal house after quarrelling. When the Applicant went to her paternal house to bring her back to her matrimonial home, she refused to come back. Thereafter, she has lodged the present false report only with an intent of harassment. Other co-accused have been granted regular bail by the Court below. Therefore, the present Applicant may be released on bail.

4.

Learned Counsel appearing for the Respondent/State opposes the bail application.

5.

I have heard Learned Counsel appearing for the parties and perused the entire material available with due care. 6.

Considering the facts and circumstances of the case, particularly that charge-sheet has been filed, other co-accused have been granted benefit of regular bail by the Court below, the Applicant is in custody since 20.3.2018, without further commenting on merits of the case, I am inclined to release the Applicant on bail. 7.

Accordingly, the bail application is allowed. 8.

It is directed that the Applicant shall be released on bail on furnishing a personal bond in the sum of Rs.10,000/- with one

local solvent surety in the like sum to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) JUDGE Gopal