Gurumel Singh vs State of Chhattisgarh

Dhirendra Mishra, J.—The applicant has preferred this application u/s 439 of the Cr.PC as he has been arrested in connection with Crime No. 395/2005, registered in Police Station, Chhawani, for the offences punishable under Sections 498A and 307 of the IPC.

The incident is of 11.3.2005 when the applicant who is the husband of the victim assaulted his wife by khurpi and caused her injuries over her head. The victim was hospitalized by her mother-in-law and she was discharged on 15.3.2005. Subsequently, the victim lodged a report after discharge stating that she was assaulted by the applicant in the name of demand of dowry.

Learned Counsel for the applicant submits that the injuries caused to the victim were simply in nature and she is already discharged from the hospital on 15.3.2005, therefore, taking into consideration that the victim and the applicant are husband and wife, he should be enlarged on ball.

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

I have heard learned Counsel for the parties.

Taking into consideration the facts and circumstances of the case and further considering that the injuries are described as simple in nature and that the victim has already been discharged from the hospital. I consider present to be a fit case where the applicant should be extended the facility of bail u/s 439 of the Cr.PC Accordingly, the application is allowed and it is directed that in the event of applicant namely Gurumel Singh furnishing a personal bond in the sum of Rs. 10,000/- with one surety for the like amount to the satisfaction of the concerned Court, he shall be released on bail.

Parties are entitled for certified copy of the order.