High Court Of ChhattisgarhMCRC/3770/2017dismissed

Santram Kurre v. State Of Chhattisgarh

2017-11-17Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3770 of 2017 Santram Kurre S/o Naharsay Kurre, Aged About 24 Years Caste Harijan, R/o Village Belbahara, Thana Jhagrakhand, Tahsil Manendragarh, District Koriya, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Jhagrakhand, District Koria, Chhattisgarh ---- Respondent For applicant Mr. Parag Kotecha, Adv.

For Respondent/State Mrs. M. Asha, PL.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 17-111. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.

2. Perused the copy of the case diary produced by counsel for the State in connection with Crime No. 51/2017 registered in police station Jhagrakhand, Distt. Koriya (CG) for offence punishable under Section 498 A, 323, 313, 506 of the IPC and also heard counsel for the parties.

3. Prosecution story in brief is that marriage of the applicant and the deceased was solemnized on 26-6-2015. Few days after, the applicant started harassing her on account of not giving motorcycle, TV as dowry. The applicant on 26-3-2017, climbed on the stomach of the prosecutrix, beat her by hands, fists and leg and pressed her stomach as a result of which miscarriage was caused. As per query report, the prosecutrix was pregnant and had gone to District Hospital, Baikunthpur after incomplete abort.

4. Charge sheet has been filed. The applicant is in custody since 17-4-

2017.

5. Counsel for the applicant argued that the applicant is innocent and falsely implicated hence he may be released on bail.

6. On the other hand, the Panel Lawyer appearing for the state opposed the bail application.

7. Looking to the facts and circumstances of the case, looking to the seriousness of the alleged offence and also the impact of granting bail on the society, this Court is not inclined to grant bail to the applicant.

8. Consequently, the MCRC is dismissed.

Sd/- (Sharad Kumar Gupta) Judge athak