Mohan Rathiya v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 342 of 2018 Mohan Rathiya S/o Prem Singh Rathiya, Aged About 55 Years At Present Residing At Krishi Mahavidyalaya Avam Anusandhan Kendra Boirdadar Chakradhar Nagar, Raigarh Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Chakradhar Nagar, District Raigarh Chhattisgarh ---- Respondent For applicant - Shri Ashish Gupta, Advocate. For Respondent/State -Shri S.R.J. Jaiswal, PL. Hon'ble Shri Justice Goutam Bhaduri Order 28/03/2018 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.128/2017 registered in Police Station Chakradhar Nagar, District Raigarh (CG) for offence punishable under sections 302, 201/34 of IPC.

2.

As per the prosecution case, on 2/07/2017 wife of the applicant namely Dulari Rathiya has assaulted deceased Sulochana Vasudev on her head as she was having illicit relation with her husband i.e the present applicant and thereby by such assault Sulochana Vasudev died and the applicant caused disappearance of the evidence. 3.

Learned counsel for the applicant submits that only allegation against the applicant is that he tried to make disappearance of the evidence. He further submits that no offence is made out even under section 201 of IPC, therefore the applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the statement of Jacob George. Considering the nature of allegation that he tried to make disappearance of the evidence, this court

is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. Sd/- (Goutam Bhaduri) JUDGE gouri