Rivan Jade v. The State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1370 of 2020 • Rivan Jade S/o Nirguram Jade Aged About 27 Years R/o Village Malhar, Police Station Manpur, District- Rajnandgaon, Chhattisgarh ---- Applicant

Versus

• The State Of Chhattisgarh Through The Police Station Manpur, Civil And Revenue District- Rajnandgaon, Chhattisgarh ---- Non-Applicant/ State --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Punit Ruparel, Advocate For State :

Mr. Sudeep Agrawal, Dy. A.G.

--------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order 13/05/2020 1.

Heard 2.

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 in connection with Crime No.51/2019 registered at Police Station- Manpur, District Rajnandgaon (C.G.) for the offence punishable under Section 306 of Indian Penal Code.

3.

As per the prosecution case, the wife of the applicant committed suicide by hanging herself in the open field on 04/06/2019, thereafter, on the allegation that the present applicant, being the husband of the deceased, used to torture and also used to beat her which eventually had resulted into the fact that the deceased had committed the suicide.

4.

Learned counsel for the applicant submits that the chargesheet has been filed and the applicant is in jail since 03/08/2019, and there is no direct evidence that the applicant had instigated the deceased for commission of suicide, therefore, he may be released on bail.

5.

Considering the nature of allegation and the fact that the applicant is in jail since 03/08/2019 and the charge-sheet has already been filed, therefore, I am inclined to release the applicant on bail.

6.

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

7.

It is directed that the applicant shall be released on bail on his furnishing a personal bond for a 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/-- (Goutam Bhaduri) Judge Vishakha