High Court Of ChhattisgarhMCRC/7128/2017allowed

Chanki Patel v. State Of Chhattisgarh

2017-12-11Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7128 of 2017 Chanki Patel S/o Paras Nath Patel, Aged About 22 Years R/o Jamai, Parasdiha, Police Station Basantpur District Balrampur Chhattisgarh --- Petitioner

Versus

State of Chhattisgarh through Station House Officer, Police Station Basantpur District Balrampur Chhattisgarh --- Respondent For the applicant :

Mr. Arun Kumar Shukla, Advocate For the Respondent :

Mr. Anupam Dubey, Dy.Govt. Adv.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .12.2017

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.70/2017 registered at Police Station Basantpur Distt. Balrampur (C.G) for the offences punishable u/ss 498-A, 294, 506, 323/34 of IPC.

2. As per the prosecution case, a report was made by one Swati Patel on 24.06.2017 that she was married to the applicant on 16.04.2017 and thereafter she was subjected to torture for demand of dowry and she was abused and assaulted.

3. Learned counsel for the applicant would submit that on trivial issue, the wife has aggravated the incident and lodged the report. He further submits that the charge sheet has been filed; no further investigation is necessary and the applicant is in jail since 04.07.2017, therefore, he may be enlarged on bail.

4. On the other hand, learned State Counsel opposes the bail application.

5. Considering the nature of allegations levelled against the applicant and the facts that the offence is triable by the JMFC; charge sheet has been filed, no further investigation is necessary and the applicant is stated to be in jail since 04.07.2017, I am inclined to allow this bail application.

6. Accordingly, this application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o