High Court Of ChhattisgarhMCRC/1106/2018allowed

Kalesh Kumar Rajwade v. State Of Chhattisgarh

2018-05-04Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1106 of 2018 Kalesh Kumar Rajwade S/o Gopal Ram Rajwade Aged About 25 Years R/o Village Chikni, Imlipara, Police Station Chandoura, District, Surajpur, Chhattisgarh --- Applicant

Versus

State of Chhattisgarh through the Police Station Chandoura, District Surajpur, Chhattisgarh. --- Respondent For the applicant :

Mr. Ashok Shukla, Advocate.

For the Respondent :

Mrs. Astha Shukla, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .0 5 .2018

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.55/2017 registered at Police Station Chandoura, Distt. Surajpur (C.G) for the offences punishable under Sections 306/34 of IPC.

2. As per the prosecution case, one Sunita wife of applicant has committed suicide by jumping into a well. It is alleged that the present applicant abetted the deceased to commit suicide thereby the offence has been committed.

3. Learned counsel for the applicant submits that the statements have been recorded and there there is no evidence of abetment against the applicant. He further submits that the investigation is over, charge sheet has been filed and the applicant is in jail since 14.09.2017, therefore, the applicant may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail

application. .

5. Perused the statement of witnesses. Considering the fact that the charge sheet has been filed in this case, no further investigation is necessary and looking to the period of detention of the applicant as he is stated to be in jail since 14.09.2017, I am inclined to allow this bail application.

6. Accordingly, the bail 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 concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o