Kameshwar Singh v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6342 of 2019 • Kameshwar Singh S/o Mouji Ram Gond Aged About 28 Years R/o. Village Chichka, P.S. Gatapar, Tahsil Khairagarh, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Gatapar, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------- For Applicant : Shri C.K. Kesharwani, Advocate For Respondent/State : Ms. Akshara Amit, Panel Lawyer -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 26.11.2019 1.

Heard.

2.

This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.32/2019, registered at Police Station Gatapar, District Rajnandgaon(CG) for the offence punishable under Sections 294, 323, 498-A, 494 of the IPC.

3.

As per the case of prosecution, the complainant, who is wife of the applicant has lodged a report that after 5-6 months of marriage, the applicant started demand of dowry and assaulted her on account of not bringing motorcycle. 4.

Learned counsel for the applicant submits that the applicant has not committed any offence. The complainant/wife has lodged the report on account of small issues, which are common in the houses. He further submits that charge sheet

has been filed and the offence is triable by Magistrate. He submits that the applicant is in jail since 11.9.2019 and trial may take some time for its final disposal therefore, the applicant may be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application.

6.

Perused the entire material available on record. 7.

Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and the applicant is in jail since 11.9.2019, I am of the opinion that present is a fit case to release the applicant on bail. 8.

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

9.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

10.

Certified copy as per rules.

Sd/ (Rajani Dubey) JUDGE sunita