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High Court Of ChhattisgarhMCRC/7030/2015allowed

Praveen Kumar Sahu v. State Of Chhattisgarh

2015-12-16Hon'Ble Shri Justice Goutam Bhaduri2 pages

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 7030 of 2015

1. Praveen Kumar Sahu, S/o. Late Chaman Lal Sahu, aged about 24 years, R/o. Village-Bhanpur, Post Office-Demar, Police Station-Arjuni, Tahsil and District - Dhamtari (C.G.) ----Applicant

Versus

1. State Of Chhattisgarh, Through : Station House Officer, Police Station, Arjuni, District - Dhamtari (C.G.) ---- Respondent For Applicant : Ms. Meenu Banerjee, Advocate For Respondent/State : Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 16/12/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.182/2015, registered at Police Station - Arjuni, District - Dhamtari (C.G.) for the offence punishable under Section 498-A, 328/34 of Indian Penal Code and Section 3, 4 of Dowry Prohibition Act.

2.

Case of the prosecution, in brief, is that the complainant namely Smt. Chhayangi Bala Sahu lodged a complaint that she was married to the applicant and thereafter, she was subjected to ill treatment for demand of dowry and assaulted and forced to drink vermilion. 3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. She would further submit that charge-sheet in this case has been filed and on similar allegation, the

Page No.2 other co-accused persons have been enlarged on bail. She would further submit that interrogation has already been completed and no further evidence is required and the trial may take some time. He would further submit that applicant is in jail since 13.08.2015, therefore, he may be enlarged on bail.

4.

On the other hand, learned counsel for the State opposes the bail application.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Having regard to the facts and circumstances of the case and taking into consideration the nature and gravity of offence, further considering the fact that charge sheet in this case has been filed and similarly placed co-accused has been enlarged on bail by this Court and further considering the fact that the applicant is in jail since 13.08.2015, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

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

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the 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.

9.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram