Rameshwar Kenwat v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8892 of 2020 • Rameshwar Kenwat son of Dhansay Kenwat, aged about 31 years, Residence of Village Paunsara Jangal side, Thana Banki Mongra, Tahsil Katghora, District Korba (C.G.).
---- Applicant
Versus
• State Of Chhattisgarh Through Police Station- Banki Mongra, District- Korba, Chhattisgarh.
---- Respondent For Applicant : Shri V. V. S. Moorti, Sr. Advocate with Shri Vikash Pandey, Advocate For Respondent/State : Shri Vimlesh Bajpai, G.A. Hon'ble Justice Shri Gautam Chourdiya Order on Board 17/12/2020
1) Heard
2) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 24.11.2020 in connection with Crime No.48/2020 registered at Police Station Banki Mongra, District- Korba (C.G.) for the offence punishable under Section 498-A, 377, 324, 323, 147, 506-B of Indian Penal Code and Section 4 of the Dowry Prohibition Act, 1961.
3) The allegation against the present applicant, working in Indian Army as Lance Naik (Technician Tele Communication) and other co-accused persons is that they have ill-treated the complainant for demand of dowry, due to which the complainant lodged the report against the said persons, on the basis of which the offence has been registered under the crime
No. 48/2020 for the offence punishable under Sections 498 A, 377, 324, 323, 147 & 506-B of Indian Penal Code and Section 4 of the Dowry Prohibition Act, 1961.
4) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question, he has not committed any offence. He further submits that the co-accused persons have already been granted bail by the trial Court. It is also submitted that the present applicant is a Government employee working as Lance Naik (Technician Tele Communication) and he had been granted leave for amicable settlement of the dispute between the husband and wife. The charge sheet has been filed and the applicant is in jail since 24.11.2020. He further submits that trial is likely to take some time for its final disposal. Therefore, the applicant be released on bail by this Court.
5) On the other hand, learned counsel for the respondent/State opposes the bail application.
6) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the present applicant is a Government employee working as Lance Naik (Technician Tele Communication) and looking to the fact that co-accused persons have already been released on bail by the trial Court and the fact that the present applicant is jail since 24.11.2020 and trial is likely to take some time for its final disposal, the application is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail on the following conditions :- (i) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial, and
(iii)He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (iv)He shall not involve himself in any offence of similar nature in future.
Certified copy today Sd/- (Gautam Chourdiya) Judge amita