High Court Of ChhattisgarhMCRC/1111/2018allowed

Narayan Chandrakar v. State Of Chhattisgarh

2018-04-16Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1111 of 2018 • Narayan Chandrakar S/o Badri Chandrakar Aged About 23 Years R/o. Village-Kauthotiya, P.S. Dhadi, District- Bemetara, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through The District Magistrate Kawardha, District, Kabirdham, Chhattisgarh, ---- Respondent For Applicant :

Shri Atanu Ghosh, Advocate For Respondent :

Ms. Madhunisha Singh, PL for the State For the objector :

Shri Santosh Bharat, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 16/04/2018

1. This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 10.12.2017 in connection with Crime No. 406/2017 registered at Police Station Kawardha, District- Kabirdham (CG) for the offence punishable under Section 306 IPC.

2. As per the prosecution case, on 07.12.2017 one Yamini Chandrakar committed suicide by hanging. It is contended that the present applicant was is in love relation with the deceased on the date of incident quarreled with the deceased, thereby the applicant has abeted the deceased to commit suicide. Thereby the offence has been committed.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated and there is no abetment by the present applicant,

therefore, the applicant may be released on bail.

4. Per contra, learned State counsel and counsel for the objector oppose the prayer for grant of bail.

5. Perused the statement of one Kumari Shiv Rani. Considering her statement and also taking into that the charge-sheet has been filed in this case and no further investigation is necessary and also taking into that the applicant is in jail since 10.12.2017, I am inclined to release the applicant on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in 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 by the said Court.

Sd/- Goutam Bhaduri Judge Ashu