Prahlad Sen v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3212 of 2018 Prahlad Sen S/o Babla Sen Aged About 28 Years OccupationLabour, R/o- Village- Jarhatola, Police Station And Tahsil- Sahaspur Lohara, District : Kawardha (Kabirdham), Chhattisgarh --- Petitioner

Versus

State of Chhattisgarh through- District Magistrate Kawardha, District : Kawardha (Kabirdham), Chhattisgarh --- Respondent For the applicant :

Mr. Dharmesh Srivastava, Advocate.

For the Respondent :

Mrs. Madhunisha Singh, P.L.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .06.2018

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.273/2017 registered at Police Station S. Lohara, District Kabirdham (C.G) for the offences punishable under Sections 498-A, 506, 323, 294, 34 of IPC.

2. As per the prosecution case, a report was made by one Sarita on 19.01.2017 that the present applicant who is the husband has treated her with cruelty and also assaulted and abused he , thereby the offence has been committed.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits charge sheet has been filed, no further investigation is necessary and the applicant is in jail since 05.02.2018, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application.

5. Considering the facts that the charge sheet has been filed, no further investigation is necessary and the applicant is in jail since 05.02.2018, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o