Santosh Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9708 of 2018 Santosh Sahu S/o Daduram Aged About 25 Years R/o Village Karmada ,police Station And Tahsil Balodabazar District Balodabazar Bhatapara Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer ,police Station ,suhela ,district Balodabazar Bhatapara Chhattisgarh. ---- Respondent For the Applicant :

Ms. Supriya Upasne, Advocate For the State :

Shri SRJ Jaiswal, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /01/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.258/2018 registered at Police Station Suhela, District Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 498A of IPC & Section 4 of Dowry Prohibition Act.

3. Case of the prosecution, in brief is that applicant is the husband of complainant Hemkumari @ Sandhya. He is resident of village Karmada. The marriage of the applicant was solemnized with complainant on April 2017. After the matter applicant, his uncle and aunt had started harass to complainant on account of demand of dowry. On 31/10/2018 applicant demanded the money from the complainant, abused her, gave threat to kill her and beat her by hands and fist.

4. Learned counsel for the applicant submits that he has innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant.

6. Looking to the facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if the applicant furnishes two solvent sureties for a sum of Rs. 25,000/- each along with a personal bond of Rs. 50,000/- to the satisfaction of the concerned Court with the condition that he shall not harass the complainant in future, he shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde