Shamsher Singh Lahre v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7064 of 2015

1. Shamsher Singh Lahre S/o Tiju Ram Lehre Aged About 34 Years R/o Behind B.D. Complex, Near Vishal Trader, Tifra, Thana Sirgiti, Civil & Rev. Distt.Bilaspur, Chhattisgarh.

2. Sangram Singh Lahre S/o Tiju Ram Lehre Aged About 38 Years R/o Behind B.D. Complex, Near Vishal Trader, Tifra, Thana Sirgiti, Civil & Rev. Distt.Bilaspur, Chhattisgarh.

--- Petitioners

Versus

• State of Chhattisgarh through Thana Sirgiti, S.H.O., Civil & Rev. Bilaspur, Chhattisgarh.

--- Respondent For the applicant :

Mr. Mahesh Kumar Mishra, Advocate.

For the Respondent :

Ms. Sunita Jain, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 16.12.2015

1. This is an application filed u/s 439 of the Code of Criminal Procedure seeking granting of regular bail to the applicant in connection with Crime No. 302/2015 registered at Police station Sirgitti, Bilaspur, Distt. Bilaspur, Chhattisgarh for the offences punishable under sections 498-A, 354 & 324/34 IPC.

2. As per the prosecution case, complainant Jyoti Lahre was married to applicant no. 1 Shamsher Singh Lahre and subsequently she was subjected to torture for demand of dowry. Applicant no. 2 Sangram Singh Lahre who is brother in law (jeth) on 17.10.2015 entered into the room of complainant at about 2 a.m. and caught hold of her hand and thereafter tried to outrage her modesty and on being objected he ran away. Subsequently her husband, mother-in-law and co-sister in law (Jethani) burnt her hand.

3. Learned counsel for the applicants submits that they have been falsely implicated in this case and different statements of the complainant were recorded wherein different allegations have been

made. He further submits that the charge sheet in this case has been filed and the applicants are in jail since 16.11.2015, therefore they may be released on bail.

4. Per contra, learned State Counsel opposes the prayer for grant of bail.

5. Having regard to the totality of the facts and circumstances of the case and the degree of allegations and taking into the fact that the charge sheet in this case has been filed and the bail application contains the certified copy of the affidavit filed before the court below wherein the complainant has stated that she has entered into compromise and looking to the custody period of the applicants, I am inclined to release them on bail.

6. Accordingly, this bail petition is allowed and the applicants are directed to be released on bail on each of them furnishing a personal bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the trial Court. They shall also appear before the trial Court as and when directed by the said Court.

7. Cc as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao