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High Court Of ChhattisgarhMCRC/3069/2017allowed

Ravi @ Khagendra Shrivas v. State Of Chhattisgarh

2017-05-23Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C No.3069 of 2017 Ravi @ Khagendra Shrivas S/o Trilochan Aged About 20 Years R/o Village Pithampur, Police Station & Tahsil Janjgir, District- Janjgir- Champa, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Police Station, Janjgir, District- JanjgirChampa, Chhattisgarh. ---- Non-Applicant For Applicant:

Shri Ravindra Sharma, Advocate.

For State/Non-Applicant:

Shri Lav Sharma, Panel Lawyer.

Single Bench:Hon'ble Shri Prashant Kumar Mishra, J Order On Board 23.5.2017 1.

This is the first bail application under Section 439 Cr.P.C for grant of regular bail as the Applicant is arrested in connection with Crime No.37/2017 registered at Police Station - Janjgir, District Janjgir-Champa (CG) for the offence punishable under Sections 363 and 306/34 IPC. 2.

The Applicant was allegedly having an affair with the deceased Anjani Sahu, aged about 15 years. A day prior to the incident, the Applicant had called the deceased to his house but as soon as the deceased reached his house, the Applicant left his house and went to some other station, therefore, the deceased felt cheated and later on committed suicide by throwing herself under a running train.

3.

Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the alleged crime. He submits further that

there are no criminal antecedents of similar offence and is therefore liable to be enlarged on bail.

3.

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

4.

Having considered the facts and circumstances of the case, the nature of allegations, the fact that the Applicant is in jail since 07.02.2017 and that there are no previous criminal antecedents against him, this Court is inclined to release the Applicant on bail. Accordingly, the bail application filed under Section 439 of the Cr.P.C is allowed and it is directed that the Applicant shall be released on bail on his furnishing a personal bond in the 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. It is made clear that if the Applicant involves himself in the offence of similar nature in future, this order granting bail to the Applicant shall automatically stand cancelled without further reference to the Bench. Sd/- (Prashant Kumar Mishra) Vacation Judge Priya