Mandhar Bhandari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

Mandhar Bhandari, Son of Chikchand Bhandari, aged about 39 years, Resident of Mahkapal, Thana Parpa, Civil & Revenue District Bastar (C.G.) ---- Applicants

Versus

State Of Chhattisgarh through, Station House Officer Frajerpur (Parpa), District Bastar (C.G.) ---- Respondent For Applicants:

Shri Punit Ruparel, Advocate.

For Respondent/State:

Shri Aditya Sharma, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 8 /2015 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 130/2015 registered at Police Station Frajerpur (Parpa), District Bastar for the offence punishable under Section 498(A) of the Indian Penal Code.

(2) Case of the prosecution, in brief, is that applicant treated her wife with cruelty and also assaulted her on 25.7.2015 and thereby committed the aforesaid offence.

(3) Counsel for the applicant submits that applicant is innocent person and he has not committed any offence; in fact his wife is ready and willing to stay with the applicant and, therefore, false report has been lodged against him regarding demand of dowry, in which, has been arrested on 27.07.2015 and since then he is in custody; and the substantial investigation has already been made and, therefore, the applicant may be released on bail. (4) On the other hand, counsel for the State opposes the bail application.

(5) Taking into consideration the facts & circumstances of the case; nature of injuries sufferred by applicant's wife; further considering the relationship between the parties; and the fact applicant is languishing in jail since 27.07.2015; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

(6) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-