Gajendra @ Ravi Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8434 of 2018 • Gajendra @ Ravi Sahu S/o Budharu Ram Sahu, aged about 30 Years R/oJorapara, P.S. Moudhapara, Raipur, District- Raipur, Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through- Station House Officer, Police Station Mahila Thana Raipur, District- Raipur, Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicant :

Ms. Sunita Sahu, Advocate.

For Respondent/State :

Shri Vivek Singhal, P.L.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 15/11/2018

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 30/2018, registered at Police Station - Mahila Thana, Civil and Revenue District - Raipur, (C.G.), for the offence punishable under Sections 498-A of the Indian Penal Code and Section 4 & 5 of Tonahi Pratadana Act.

2. As per the prosecution story, Complainant Keshari Sahu is wife of the present Applicant. Their marriage has been solemnized in the year 2011. Allegedly, after the marriage, the Applicant and other coaccused persons tortured and harrased her for demand of dowry. They also used to abuse her by calling Tonhi. On the basis of the said allegations, report was lodged by the Complainant Keshari Sahu on 29.06.2018 and offence has been registered. The Applicant has been taken into custody on 08.10.2018.

3. Learned Counsel appearing on behalf of the Applicant submits that the

Applicant is innocent and has been falsely implicated in the case. She further submits that other co-accused persons have already been granted bail by the Trial Court. Applicant is in custody since 08.10.2018 and the offences are triable by JMFC, trial will take some time. Therefore, he may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties and perused the case diary.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that other co-accused persons have already been granted bail by the Trial Court and offences are triable by JMFC, Applicant is in custody since 08.10.2018 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Prakash