High Court Of ChhattisgarhMCRC/914/2017allowed

Kanhaiya Bhardwaj v. State Of Chhattisgarh

2017-02-28Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 914 of 2017 • Kanhaiya Bhardwaj S/o Arjun Aged About 30 Years CasteSatnami, R/o Sakrali, Police Station & Tahsil- Dabhara, District- Janjgir- Champa, Chhattisgarh. --- Applicant

Versus

• State of Chhattisgarh through District Magistrate, Janjgir, District Janjgir- Champa, Chhattisgarh. --- Respondent For the applicant :

Mr. Ishwar Jaiswal, Advocate For the Respondent :

Mr. Anant Bajpai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 28.02.2017

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 13/2017 registered at Police Station Dabhara, Distt. Janjgir Champa (C.G) for the offence punishable under Section 307 IPC.

2. As per the prosecution case, on 11.01.2017 a report was made by Savitri that the present applicant who is her son has poured kerosene and tried to set her on fire, however, she escaped and raised alarm thereby the offence has been committed.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated because of some family dispute among the family members, therefore, false allegations have been levelled. He further submits that the mother of applicant has also denied the allegations and she herself has filed application in favour of granting bail to the

applicant before the trial Court. He further submits that the charge sheet has been filed; no further investigation is necessary and the applicant is in jail since 12.01.2017, therefore, he may be enlarged on bail.

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

5. Considering the facts and circumstances of the case especially the fact that an application duly supported by the affidavit for grant of bail to the applicant has been filed by the complainant before the Court below, I am inclined to release the applicant on bail.

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 for his appearance before the said Court.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o