Jogindra Sao v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8390 of 2020 • Jogindra Sao, S/o Shravan Sao, aged about 29 year, R/o Lawa, Outpost - Vijay Nagar, P.S. Ramanujganj, District Balrampur - Ramanujganj (C.G.) ---- Applicant

Versus

• State of Chhattisgarh, Through : - Out-Post Vijay Nagar, P.S. Ramanujganj, District Balrampur-Ramanujganj (C.G.) ---- Respondent For Applicant :

Mr. Pushkar Sinha, Adv.

For Respondent :

Ms. Anjali Singh Chouhan, P.L.

Hon'ble Smt Justice Rajani Dubey Order on Board /03/2021 1.

The applicant has preferred this First bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.166/2020, registered at Police Station - Ramanujganj, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 498(A), 506, 325, 34 of IPC. 2.

The allegation against the present applicant is that he along with is family members harassed the complainant for demand of dowry and also assaulted her. Based on this, offence has been registered. The present applicant has been taken into custody on 17.09.2020.

3.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the complaint against he present applicant has been filed after consideration period. He also submits that the complainant herself does not want to reside with the applicant and his family member & she willfully left the house of applicant. It is next submitted that the

applicant is in custody since 17.09.2020 and there is no likelihood of his case being decided in near future, therefore, the applicant may be released on bail.

4.

On the other hand, learned counsel for the State opposed the bail application.

5.

I have heard learned counsel for the parties and perused the case diary.

6.

Considering the totality of the facts and circumstances of the case, nature of allegation against the applicant, quality of evidence and further considering the fact that the applicant is in custody since 17.09.2020, without further commenting on merits of the case, I am inclined to release him on bail. 7.

Accordingly, the bail application is allowed. 8.

It is directed that the Applicant shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed, till the final disposal of the trial. Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge Pekde