High Court Of ChhattisgarhMCRC/2403/2016allowed

Chandan Painkara v. State Of Chhattisgarh

2016-06-27Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2403 of 2016 • Chandan Painkara S/o Hemsagar Painkara Aged About 30 Years R/o Gahira P.S. - Lailunga Presently R/o At Agroha Bhavan Gauri Shankar Mandir Chawk Raigarh Civil & Rev. District Raigarh Chhattisgarh.

--- Petitioner

Versus

• State of Chhattisgarh Through Station House Officer, Police Station City Kotwali Raigarh Civil & Rev. Distt. Raigarh Chhattisgarh.

--- Respondent For the applicant :

Mr. Rajesh Ranjan Sinha, Advocate For the Respondent :

Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 27.06.2016

1. This is the 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. 19 of 2016 registered at P.S. City Kotwali, Raigarh (C.G) for the offence punishable under Section 306 IPC.

2. As per the prosecution case, the deceased was in love relations with the applicant who has developed physical relations with her and thereafter the applicant refused to marry her, therefore, she committed suicide by setting herself ablaze on 06.01.2016.

3. Learned counsel for the applicant submits that the applicant has not committed any overt act which would be evident from the statement of mother Anjali Das wherein nothing has been attributed to the applicant that he has abetted crime, therefore, the applicant may be enlarged on bail

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary and documents as also the statement of mother.

6. Considering the facts and circumstances of the case and taking into the statement of mother as also the dying declaration of deceased, without any observation on the merits of the case, at this stage, I am inclined to release the applicant on bail.

7. 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. He shall also appear before the trial Court as and when directed by the said Court.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o