Pankesh Kumar Rathore vs State Of Chhattisgarh

Narendra Kumar Vyas, J

The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail as he is in

jail since 1-2-2001 in connection with Crime No. 41 of 2021 registered at Police Station Pamgarh, district Janjgir-Champa (CG) for the offence

punishable under Section 498-A/34 of IPC. of IPC.

The case of the prosecution, in brief, is that the marriage of the complainant was solemnized with the present applicant on 7-5- 2017 according to

Hindu Rites and rituals. After marriage, present applicant along with his parents and relatives started demanding dowry from the complainant and also

treated her with cruelty.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that after

marriage complainant resided with the applicant in her matrimonial house for a period of three months and she went to her parental house and she

never came back to her matrimonial house. He would further submits that after passing of four years she lodged false report against the applicant and

there is no evidence against the applicant that neither he demanded dowry nor subjected the complainant with cruelty. He would further submit that

the applicant is in custody since 1-2-2021 and trial is likely to take some time for its disposal. therefore, the present applicant may be granted bail.

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

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

Considering the facts and circumstances of the case, nature of allegations made against the applicant which appears to be general allegations,

further considering the detention period of the applicant, conclusion of trial make take some time and without further comments on the merits of the

case, I am of the opinion that it is a fit case to grant the bail to the applicant.

Accordingly, the application is allowed an it is directed that the applicant shall be released on bail on his executing a personal bond for a sum of

Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial Court on each

and every date given by the said trial court, till disposal of the trial.