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2021 Supreme(Chh) 39

SANJAY K.AGRAWAL
Kabir @ Kavidas, S/o Shri Meghabaran Ratre – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. U.S. Chandel, Advocate
For the Respondent: Mr. R.K. Bhagat, Dy. GA

JUDGMENT :

1. These are the first bail applications filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants, who have been arrested in connection with Crime No.456/2020, registered at Police Station Nandghat, District Bemetara (CG), for the offence punishable under Sections 498A, 376 (2) (f), 323, 506/34 of IPC and Sections 4, 5 & 6 of the Chhattisgarh Tonhi Pratarna Niwaran Adhiniyam, 2005.

2. The case of the prosecution, in brief, is that the applicants in MCRC No.1641/2021 detained the complainant, wife of applicant No.1, with cruelty and applicant in MCRC No.1646/2021 touched the private part of the complainant on the pretext of witchcraft and thereby committed the offence.

3. Learned counsel for the applicants would submit that the applicants have not committed any offence and they have been falsely implicated in the crime in question. He would further submit that the applicants are in jail since 01.01.2021 (applicants in MCRC No.1641/2021) and 05.01.2021 (applicant in MCRC No.1646/2021) i.e. for more than 4 and half months, the charge sheet has been filed and no custodial interrogation is required to be done and there are no ch

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