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High Court Of ChhattisgarhMCRC/307/2017allowed

Saiyad Sabir Sabri v. State Of Chhattisgarh

2017-01-31Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 307 of 2017 Saiyad Sabir Sabri S/o Late Saiyad Jafar Shabri, Aged About 24 Years R/o Madhbanpara, Police Station - City Kotwali, Raigarh, Tahsil & District Raigarh, Chhattisgarh. (name of this applicant is not mentioned in the title of rejection order, but his name has been mentioned in the order sheet) ---- Applicant

Versus

State Of Chhattisgarh Through- Station House Officer, Police Station- City Kotwali, Raigarh, District- Raigarh Chhattisgarh. ---- Respondent For applicant - Shri V.R. Tiwari, Advocate.

For Respondent/State - Miss. Sunita Jain, PL. Hon'ble Shri Justice Goutam Bhaduri Order 31/01/2017 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.365/2016 registered in Police Station City Kotwali, Raigarh, District Raigarh (C.G.) for offence punishable under sections 498-A, 326(A), 34 of Indian Penal Code. 2.

As per the prosecution case, one Reshma Anjum was married to Saiyad Asgar in the year 2013. Thereafter she was subjected to torture for various reasons. On 26/06/2016 she was assaulted by way of club by the applicant and applicant poured kerosene oil on her, thereby tried to set her ablaze, however she escaped. Thereafter report was made. 3.

Learned counsel for the applicant submits that the victim has been examined before the court and she has not supported case of the prosecution, therefore applicant has been falsely implicated in the case and he may be enlarged on bail.

4.

Learned State counsel is not able to dispute the fact that victim

has beem examined and she has not supported the case of the prosecution.

5.

Taking into such fact, without further observation on the merits, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri