Mohan Singh Gond v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.

No.

3 6 9 of 201 Mohan Singh Gond, S/o Late Dhansingh, aged about 45 years, R/o Village- Amraiyapara, Makhanpur, Police Station - Pali, Civil and Revenue Disttict - Korba (C.G.) ---- Applicant

Versus

State of Chhattisgarh, through -Station House Officer, Police Station - Pali, District - Korba (C.G.) ---- Non-applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-applicant/State: Mr. Avinash Singh, Panel Lawyer. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 3 /201 (1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 221/2017 registered at Police Station Pali, District Korba for the offence punishable under Section 306 of the Indian Penal Code.

(2) Case of the prosecution, in brief, is that applicant being the father in law of deceased subjected her to cruelty, by which, she committed suicide on 13.11.2017 and thereby committed the offence. (3) Learned counsel appearing for the applicant would submit that the applicant has been falsely implicated in the offence in question as he has not committed any offence. He submits that except self serving statement, there is no meterial available on record to connect the

applicant with the crime in question. He submits that the applicant is in detention since 13.12.2017 and the charge sheet has already been filed and, therefore, the applicant may be released on bail. Z (4) On the other hand, counsel for the State opposes the bail application.

(5) Taking into consideration the nature and gravity of the offence; considering the material available on record and looking to the pre trial detention and the fact that charge sheet has already been filed; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

(6) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one 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 till disposal of the trial.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-