Devraj Singh v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5509 OF 2015 Devraj Singh S/o Shri Manharan Singh aged about 37 years R/o Aazad Chowk Akaltara P.S. Akaltara District Janjgir Champa (C.G.) ---Applicant

Versus

The State of Chhattisgarh, Through Station House Officer of Police Station Pandariya District Kabirdham (C.G.) ---Non-applicant For Applicant :

Mr. Shailendra Dubey, Advocate For Non-applicant :

Mr. Avinash Singh, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 13/10/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 206/2015, registered at Police Station Pandariya District Kabirdham (C.G.), for the offence punishable under Sections 498A, 323, 324, 325, 506 of I.P.C.

2.

Case of the prosecution, in brief, is that applicant treated his wife with cruelty and on 08/08/2015, he caused grievous injury to her and also threatened her to kill.

3.

Learned counsel for the applicant submits that present applicant has not committed any offence and has been falsely implicated in offence in question. He further submits that there is some domestic dispute between them. He lastly submits that applicant is in jail since 24/09/2015, therefore, the applicant may be released on regular bail.

4.

On the other hand, learned counsel for the State opposes the prayer for grant of bail.

5.

I have heard the counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the nature and gravity of offence, facts and circumstances of the case, role of the present applicant in offence in question and pre-trial detention of the applicant, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is ordered that the applicant shall be released on bail on his furnishing a personal bond of Rs.25,000/- along with one surety of the like amount to the satisfaction of the trial Court for his appearance as and when directed.

8.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari