Sunil Saroj v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 491 of 2020 • Sunil Saroj, S/o Sampat Saroj, Aged About 24 Years, Occupation Labour, R/o Village Sardar Ganj, Police Station- Hemnagar, District- Ajamgarh Uttar Pradesh, At Present, R/o Gandhinagar, District Sarguja Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through- Station House Officer, Police Station Gandhinagar, District- Sarguja Chhattisgarh. ---- Respondent For Applicant : Mr. Ajeet Kumar Yadav, Adv.

For Respondent/State : Ms. Reena Singh, P.L.

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. 74/2019 registered at Police Station- Gandhinagar, District- Sarguja, (C.G.) for the offence punishable under Section 306 of IPC

2. The prosecution story, in brief is that, on 11.08.2018 at about 6:15 O' clock, complainant lodged a report alleging that wife of the applicant committed suicide herself by hanging in the kitchen room. It is also alleged that wife of the applicant has been harassed by the applicant for demand of dowry. Thereafter, 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 charge-sheet has been filed and the applicant is in jail since 29.12.2019, 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, and further considering the facts that the applicant is in jail since 29.12.2019 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 Ruchi