Kamlu Ekka v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5875 of 2017 • Kamlu Ekka S/o Budhram, Aged About 27 Years Cast - Oraon, Occupation Cultivation, R/o Village Jamjunvani, Post - Kharpara Police Station & Tahsil Pathalgaon, District Jashpur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Pathalgaon, District Jashpur Chhattisgarh. ---- Respondent ---------------------------------------------------------------------------------------- For Applicant : Shri Arun Kumar Shukla, Advocate For Respondent/State : Shri Anil Pandey, Govt. Advocate ---------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 23.11.2017 1.

Heard the matter finally.

2.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.149/2017, registered at Police Station Pathalgaon, District Jashpur(CG) for the offence punishable under Sections 177, 306 of the IPC.

3.

As per the case of prosecution, deceased Manisha Ekka committed suicide on 11.10.2016 by consuming poison. Marriage of the deceased was solemnized six months prior to the date of incident. It is alleged that demand of one motorcycle was made by the applicant at the time of marriage.

4.

Learned counsel for the applicant submits that there is no evidence of abatement to commit suicide against the applicant

and he has been falsely implicated in the case. He submits that the applicant is arrested on 03.08.2017 and the trial may take some time, therefore, he may be released on bail. 5.

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

6.

Perused the entire material available on record. 7.

Considering the facts and circumstances of the case, particularly considering that certain demands were made six months prior to the date of incident, without further commenting anything on merits, I am inclined to release the applicant on bail. 8.

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

9.

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

10.

Certified copy as per rules.

Sd/ (Ram Prasanna Sharma) JUDGE sunita