Sanskrit v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.797 of 2016 Sanskrit S/o Jeetlal aged about 32 (28) years, caste Chamar Resident of village-Kesari, P.S. Raghunathnagar, Tahsil-Vadrafnagar, DistrictBalrampur, Ramanujganj (CG) ---Applicant

Versus

State of Chhattisgarh Through Police Station Raghunathnagar, DistrictBalrampur, Ramanujganj (CG) ---Non-applicant For Applicant :

Mr. Arvind Sinha, Advocate For Non-applicant :

Mr. Adhiraj Surana, Dy.G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 08/03/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.54/2015, registered at Police Station-Raghunathnagar, District-Balrampur Ramanujganj (CG), for the offence punishable under Section 306 of the IPC. 2.

Case of the prosecution, in brief, is that the wife of the applicant committed suicide on 28.8.2015 on account of instigation/abetment by the applicant.

3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and he has falsely been implicated in crime in question. He would further submit that there is delay of three months in lodging the F.I.R. and no evidence of abetment or cruelty against the present applicant. The applicant is in jail since

2.12.2015 and charge-sheet has already been filed. 4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts & circumstances of the case, nature and gravity of the offence, considering the nexus and proximity between conduct and behaviour of the accused with suicide committed by the deceased and pre-trial detention of the applicant, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) JUDGE B/-