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High Court Of ChhattisgarhMCRC/3398/2017allowed

Sunil Ram Chauhan v. State Of Chhattisgarh

2017-06-12Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3398 of 2017 • Sunil Ram Chauhan S/o Jugeshwar Chauhan Aged About 21 Years R/o Village- Jumaikela Tahsil- Kansabel, District Jashpur, Chhattisgarh. ---- Applicant (in jail)

Versus

• State Of Chhattisgarh Through, Police Thana- Kansabel District Jashpur, Chhattisgarh.

---- Respondent For Applicant :

Shri Akhand Pratap, Advocate For Respondents/State :

Mr. Anant Bajpai, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 12/06/2016 1.

The present applicant is in jail since 07.04.2017 in connection with Crime No. 30/2017 registered at Police Station Kansabel, Distt. Jashpur (C.G.), for the commission of offence punishable under Section 436 and 506 of the I.P.C.

2.

Case of the prosecution, in brief, is that the present applicant is said to have entered into the house of the complainant Smt. Anita Paikra and that he is said to have set on fire the paddy, which was kept inside the house, worth Rs.3,000/-, on the night of 18.02.2017. 3.

Learned counsel for the applicant submits that it is a case where the present applicant and the complainant were staying together for a couple of months as husband and wife and suddenly some dispute arose between the two, on account of which, the present applicant is said to have committed the said offence.

4.

On the other hand, learned counsel for the State opposes the bail application on the ground that the present applicant does not deserve bail

-2as he has committed a serious offence and that the consequence of the incident could have been serious and could also have been fatal. 5.

Considering the total facts and circumstances of the case, particularly, considering the written report lodged by the complainant Smt. Anita Pakra, wherein she has admitted the fact that the present applicant was staying with her for a considerable period of time, this Court is of the opinion that it is a fit case, in which, the applicant should be granted bail. 6.

Accordingly, the present bail application is allowed. It is directed that in case if the applicant furnishes a personal for a sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned trial Court, then he shall be released on bail. The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

Sd/- (P. Sam Koshy) /Anjani/ V. Judge