Vijay Nagwanshi v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 4614 of 2018 Vijay Nagwanshi, S/o. Shri Tameshwar Nagwanshi, Aged About 24 Years, R/o- Village- Thana- Korar, Tahsil- Bhanupratappur, District- Kanker Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through- Station House Officer, Police Station- Korar, District- Kanker, Chhattisgarh.

---- Respondent For Applicant :

Mr. Somkant Verma, Advocate For Respondent :

Mr. Neeraj Mehta, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 18/07/2018 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. 28/2018, registered at Police Station- Korar, District - Kanker (C.G.) for the offence punishable under Section 307, 323 of the Indian Penal Code. 2.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. Applicant is in jail since 19.04.2018. The complainant/victim has been examined before the Court and she has not supported the prosecution case. Hence, it is prayed that the applicant may be enlarged on bail.

3.

On the other hand, the learned counsel appearing for the State opposes the bail application and the submission made in this respect. 4.

I have heard the learned counsel for the parties and perused the documents placed on record.

5.

According the prosecution case, the applicant and the victim in this case had love affair and because of some dispute, this applicant poured kerosene oil over her body with intention to cause her death. Hence this case.

6.

Considered the submissions made and the contents of the case diary and also perused the certified copy of the deposition of the victim before the concerned trial Court, in which she has not supported the case of the prosecution, hence for this reason, 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 Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on his 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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram