High Court Of ChhattisgarhMCRC/641/2017allowed

Manoj Das v. State Of Chhattisgarh

2017-02-09Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 641 of 2017 • Manoj Das S/o Shri Alakh Das, Aged About 32 Years R/o Village Rajbandh, Police Station Udaypur, District Surguja, Chhattisgarh. --- Applicant

Versus

• State of Chhattisgarh through Station House Officer, Police Station Udaypur, District Surguja, Chhattisgarh. --- Respondent For the applicant :

Ms. Neha Verma, Advocate For the Respondent :

Mr. Neeraj Jain, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 09.02.2017

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicants in connection with Crime No. 97 of 2016 registered at Police Station Udaypur, Distt. Surguja (C.G) for the offence punishable under Sections 307, 324 & 326 of the IPC and Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. As per the prosecution case, on 16.09.2016 a report was made by one Hiramani who was the wife of present applicant that they were living together and over a dispute for return of money, the applicant tried to burn her alive and assaulted her thereby the offence is committed.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated and the complainant herself poured kerosene oil on her and the allegation that the applicant was searching for the match box to lit her is improvable. It is also submitted that the charge sheet has

been filed and the applicant is in jail since 20.09.2016, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the statement of the complainant. Taking into consideration the statement of complainant and the nature of allegations attributed to the applicant as also the medical report and further considering the fact that the charge sheet has been filed and the applicant is in jail since 29.09.2016, I am inclined to allow the bail application.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court till disposal of the trial.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o