Pawan Jangade v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3817 of 2019 • Pawan Jangade S/o Shri Sakharam Jangade, Aged About 30 Years R/o Village - Durugdih, Police Station Bilha, District - Bilaspur Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Bilha, District - Bilaspur Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicant : Ms. Varsha Sharma, Advocate.

For Respondent/State : Shri Alok Nigam, Government Advocate.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 19/06/2019

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 117/2019, registered at Police Station - Bilha, District - Bilaspur, (C.G.) for the offence punishable under Sections 498-A, 294, 506, 323/34 of the Indian Penal Code.

2. Prosecution story in brief, is that, Applicant is the husband of the Complainant Basanti Jangde. Their marriage was solemnized four year ago and out of their wedlock one son was born. Allegedly, after the marriage Applicant and his family members started misbehaving, ill-treating and assaulting her for demand of dowry. On 06.05.2019 also, they abused and assaulted the Complainant and thereafter, they left her in her paternal house. Report was lodged by the Complainant herself and on the basis of the said, offence has been registered. Applicant has been taken into custody on 17.05.2019.

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case due

to some dispute with his wife. He further submits that offence is triable by J.M.F.C. Applicant is in custody since 17.05.2019 and trial is likely to take some time. Therefore, he may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties and perused the case diary.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the Applicant is in custody since 17.05.2019 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Judge Prakash