Khagendra Kumar Nirala v. State Of Chhattisgarh
Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4474 of 2017 • Khagendra Kumar Nirala S/o Mohar Say Nirala, Aged About 22 Years R/o Krishana Nagar, Ward No. 23, S.E.C.L. Korba Tahsil & District Korba Chhattisgarh ---- Applicant
Versus
• State Of Chhattisgarh Through State Of Chhattisgarh Through Police Chauki Manikpur, Police Station Kotwali, District Korba Chhattisgarh ---- Respondent ____________________________________________________________ For Applicant :
Mr. Vikas Pandey, Advocate.
For Respondent/State :
Mr. Ashok Swarnkar, Panel Lawyer.
------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 03/11/2017 1.
This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 348/2017, registered at Police Station- Kotwali, District - Korba(C.G.) for the offence punishable under Sections 498(A), 294, 323 and 506 read with Section 34 of Indian Penal Code (for short 'IPC'). 2.
Learned counsel for the applicant submits that applicant is in jail since 23.5.2017, for the alleged offences. Applicant is innocent and has been falsely implicated in this case. Two FIRs has been lodged against him by his wife and sister-in-law because of enmity between them. The
Page No.2 case is triable of Judicial Magistrate First Class, hence, prayed that applicant be enlarged on bail.
3.
Learned State counsel opposes the prayer for grant of bail, however, he would submit that applicant has committed the offences of outraging modesty of the Sister-in-law and also treated with cruelty his wife, hence, for these reasons he is not entitled for grant of bail. 4.
Heard both the parties and perused the case diary. 5.
As per the case against the applicant, complainant Ravita Tandon @ Asha Nirala his wife has lodged FIR against applicant alleging that applicant has demanding dowry from her, he treats complainant with cruelty along with various other details of cruel treatment given to her. On the basis of which the alleged offences committed registered against the applicant. The case has been investigated and chargesheet has been filed. 6.
Considering the submissions made and the contents of the case diary and taking into consideration this fact that charge-sheet has been filed. The case is triable by the Judicial Magistrate First Class, it would not serve any purpose if the applicant is kept in jail for the entire period of trial and also looking to this fact that he is the local resident of the locality whose availability before the trial Court shall not be compromised if he is enlarged on bail, hence, this appears to be a fit case where the applicant should be enlarged on bail. 7.
Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.
Page No.3 8.
Certified copy as per rules.
Sd/- (Rajendra Chandra Singh Samant) Judge NIsha