AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
22 paragraphs · 423 wordsThis is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the Applicant who has been
arrested in connection with Crime No.5 of 2018 registered at Police Station Sahapur Lohara, District Kabirdham for offence punishable under
Sections 294, 324, 506-B and 498-A/34 of the Indian Penal Code.
Case of the prosecution, in brief, is that present Applicant is husband of Complainant Divya Soni. Marriage between them was performed in the
year 2015. It is alleged that after 1 month of the marriage, the Applicant/husband of the Complainant, her in-laws and their other family members
started subjecting her to cruelty for demand of dowry. It is further alleged that on 6.1.2018, when the Complainant had come to her paternal house, on
8.1.2018 the Applicant also came there and demanded money from her mother. When she asked him how her mother will give him money, the
Applicant abused and assaulted her with a pointed rod and thereafter fled from there. A case has been registered against the Applicant and his family
members.
Learned Counsel appearing for the Applicant submits that the Applicant has falsely been implicated. He is innocent. After the marriage, the
Complainant herself was insisting for residing separately from the house of the in-laws and she herself had gone to her paternal house after
quarrelling. When the Applicant went to her paternal house to bring her back to her matrimonial home, she refused to come back. Thereafter, she has
lodged the present false report only with an intent of harassment. Other co-accused have been granted regular bail by the Court below. Therefore, the
present Applicant may be released on bail.
Learned Counsel appearing for the Respondent/State opposes the bail application.
I have heard Learned Counsel appearing for the parties and perused the entire material available with due care.
Considering the facts and circumstances of the case, particularly that charge-sheet has been filed, other co-accused have been granted benefit of
regular bail by the Court below, the Applicant is in custody since 20.3.2018, without further commenting on merits of the case, I am inclined to release
the Applicant on bail.
Accordingly, the bail application is allowed.
It is directed that the Applicant shall be released on bail on furnishing a personal bond in the sum of Rs.10,000/- with one local solvent surety in the
like sum to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed.
