High Court Of ChhattisgarhMCRC/752/2020allowed

Arvind Sahu v. State Of Chhattisgarh

2020-03-17Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 752 of 2020 • Arvind Sahu S/o Mannu Lal Sahu Aged About 36 Years Resident Of Village- Mudagaon, Police Station- Bagbahara, District- Mahasamund, Chhattisgarh.

----Applicant

Versus

• State Of Chhattisgarh, Through- The District Magistrate, Raipur, Chhattisgarh.

---- Respondent For Applicant :

Mr. N. Naha Roy, Adv.

For Respondent/State :

Mr. Anurag Verma, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 17/03/2020

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. 353/2019 registered at Police Station Gobra Nawapara, District-Raipur (C.G.) for the offence punishable under Section 306 of IPC.

2. The prosecution story, in brief is that, one deceased namely Phalita Sahu committed suicide on 14.05.2018 leaving a suicide note that, the present applicant is responsible for her death. 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 evidence collected by the police there is no cogent material to show that the present applicant has instigated the commission of suicide. The applicant is in jail since 03.12.2019, 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, detention period of applicant and further considering the facts that the applicant is in jail since 03.12.2019, 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 H.L. Sahu