Somar Sai v. State Of Chhatttisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6545 of 2018 • Somar Sai S/o Tiju Ram Harijan Aged About 22 Years By Caste- Harijan, Village Shivsagarpur, P.S. Jaynagar, Tahsil And District- Surajpur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhatttisgarh Through- Police Station Bhatgaon, District- Surajpur, Chhattisgarh.

---- Respondent For Applicant :

Shri Rahul Mishra, Advocate For State/Respondent :

Shri R.K. Jaiswal, Panel Lawyer Hon'ble Shri Justice Arvind Singh Chandel Order on Board 04/10/2018 1.

The applicant has preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 69/2018 registered at Police StationBhatgaon, District - Surajpur, (C.G.) for the offence punishable under Section 3 & 4 of Dowry Prohibition Act.

2.

As per prosecution story, the marriage of complainant's daughter namely Jagmani was to be solemnized with present applicant. The program of marriage was to be performed between 01.05.2018 to 03.05.2018. Allegedly, on 30.04.2018 during mobile conversation between the present applicant and daughter of the complainant, the applicant demanded motorcycle as dowry and cut his mobile phone. After all this conversation daughter of the complainant told the whole

conversation to her parents. Her parents denied the same. Due to denial of dowry, the marriage was not performed by the present applicant. On the basis of above, offence has been registered and the applicant is in custody since 23.06.2018.

3.

Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the present case, he is in custody since 23.06.2018 and trial will take some time. Therefore, he may be released on bail.

4.

Per contra, learned counsel appearing on behalf of the State opposes the bail application.

5.

Considering the entire facts and circumstances of the case, particularly considering the fact that the applicant is in custody since 23/06/2018 and trial will likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail. 6.

Accordingly, the bail application is allowed. 7.

It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court, as and when directed.

Sd/- (Arvind Singh Chandel) Judge Prakash