High Court Of ChhattisgarhMCRC/486/2020allowed

Jainath Sidar v. State Of Chhattisgarh

2020-03-05Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 486 of 2020 • Jainath Sidar S/o Ram Prasad Sidar Aged About 37 Years R/o Village Kumtara, Police Station Kapu, Tahsil Dharamjaigarh, District Raigarh, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : OfÏcer-In-Charge, Police Station Kapu, District Raigarh, Chhattisgarh. ---- Respondent For Applicant :

Mr. Ashutosh Mishra, Adv.

For Respondent/State :

Mr. Vaibhav K. Agrawal, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 05/03/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 81/2019 registered at Police Station - Kapu, District - Raigarh (C.G.) for the offence punishable under Section 306 of the IPC.

2. It is alleged that the deceased Mewa Sidar wife of the applicant/accused was subjected to cruelty by the applicant. It is further alleged that there was a quarrel between the deceased and the applicant due to which the deceased committed suicide by hanging herself. Based on this, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the applicant is in jail since 17.09.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released

on bail.

4. On the other hand, counsel for the State opposes the bail application.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the facts that the applicant is in jail since 17.09.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge H.L. Sahu