Narendra Kumar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2117 OF 2016 Narendra Kumar Sahu S/o Syam Sunder, aged about 20 years, R/o Village: Pakariya, Police Station: Sheorinarayan, Tahsil Pamgarh, District:Janjgir-Champa (CG) ---Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Sheorinarayan, District Janjgir-Champa (C.G.). ---Non-applicant For Applicant :

Mr. Gurudev I.Sharan, Advocate.

For-Non-applicant :

Mr. Aditya Sharma, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 25/04/2016 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. 60/2016, registered at Police Station-Sheorinarayan, District Janjgir-Champa (C.G.), for the offence punishable under Sections 306 and 451/34 of the IPC.

2.

Case of the prosecution, in brief, is that, on 26.1.2016 the present applicant along with co-accused persons instigated Ku. Kavita Sahu (since deceased) to commit suicide and thereby committed the offences.

3.

Learned counsel for the applicant would submit that applicant has not committed any offence and he has been falsely implicated in the case. He would further submit that there is no evidence to connect

the present applicant in crime in question and he is in jail since 19.3.2016l. There is delay in lodging the F.I.R. and charge-sheet has not been filed as yet.

4.

Learned State counsel would oppose the prayer for grant of bail and submit that on 26.1.2016 at morning the present applicant along with co-accused entered into the house of the deceased forcibly, threatened her and directed to marry her with the present applicant and out of frustration and humiliation, on the same day i.e. 26.1.2016 the deceased committed suicide at 11.20 a.m.

5.

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

6.

Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, further taking note to extent and nexus with conduct and behaviour of the accused with suicide committed by the deceased and material available in the case diary, I don't consider it fit case for grant of bail. Accordingly, bail application is rejected.

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