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High Court Of ChhattisgarhMCRC/7820/2018allowed

Raju Banjare v. State Of Chhattisgarh

2018-10-30Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7820 of 2018 Raju Banjare, S/o. Anand Banjare, Aged About 35 Years, Occupation Agriculture, R/o. Village Diwanpur, Thana Pathalgaon, District Jashpur, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh, Through The Station House Officer, Police Station Pathalgaon, District Jashpur, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. N.K.Malviya, Advocate For Respondent :

Mr. D.R.Minj, Dy. Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 30.10.2018 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.118/2018 registered at Police Station- Patthalgaon, District Jashpur (C.G.) for the offence punishable under Section 436, 294 & 506 of Indian Penal Code.

2.

As per the prosecution case, a report was lodged by Injor Sai that the present applicant after quarreling with his wife has put on fire the house hold articles which caused damages to the TV, Cooler, Fridge and few of the cloths worth Rs.18,000/-. 3.

Learned counsel for the applicant submits that the applicant was in dispute with his wife, he did not put on fire to the house holds and out of a trivial dispute, the inflated report has been made and no further investigation is necessary, therefore, the applicant may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary and the documents. Considering the facts & circumstances of the case and the allegation inter se and relation in between the parties and further considering the fact that the charge sheet has been filed, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7.

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. Sd/- (Goutam Bhaduri) Judge Ashok