High Court Of ChhattisgarhMCRC/762/2021allowed

Ajay Majhi v. State Of Chhattisgarh

2021-05-31Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 762 of 2021 • Ajay Majhi S/o Motichand Majhi Aged About 19 Years By Cast Mallah R/o Namnakala (Jhanjhatpara), P.S. Kotwali Ambikapur, Dist. Sarguja Chhattisgarh., ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer Police Station- Ghandhinagar, Dist. Surguja Chhattisgarh ---- Respondent For Applicant : Shri Sanjay Pathak, Advocate For Respondent/State : Smt. Fouzia Mirza, Addl. AG Hon'ble Smt. Justice Rajani Dubey Order On Board By Virtual Hearing 31/05/2021 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.497/2020 registered at police station Gandhinagar, Ambikapur, district Sarguja (CG) for the offence punishable under Section 306 IPC.

As per prosecution case, the deceased who is the neighbour of the applicant was having love affair prior to her marriage. It is alleged that after marriage when she came to her parents house, appliant came to her house and threatened her family members as a result of which she commited suicide by hanging on the next day. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the applicant is in jail

since 11.12.2020 and looking to the conduct of the prosecution, it is clear that the trial will take time for its conclusion. On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Vacation Judge suguna