Banshi Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3351 of 2016 Banshi Sahu S/o Shri Milan Sahu, Aged About 33 Years R/o Pakaria, Police Station - Shivrinaryan, Civil And Revenue District - Janjgir - Champa ( Chhattisgarh ) ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Shivrinaryan Janjgir - Champa ( Chhattisgarh ) ---- Respondent For applicant - Shri Yogeshwar Sharma, Advocate. For Respondent/State - Shri Vivek Singhal, PL. Hon'ble Shri Justice Goutam Bhaduri Order 7/07/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.60/2016 registered in Police Station Shivrinarayan for offence punishable under sections 306, 451 and 34 of Indian Penal Code.

2.

As per the prosecution case, one Kavita Sahu committed suicide on 26/01/2016 and the allegation is that the applicant alongwith co-accused used to pressurize her for marriage and took her away and since the brother of the deceased has performed marriage with the niece of one of co-accused consequently the applicant had abetted commission of crime, thereby the offence is committed.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated and he has not abetted the commission of crime and only on false assumption he has been inculpated. He further submits that charge sheet has been filed and no investigation is necessary. He further submits that similarly placed co-accused has been enlarged on bail

in M.Cr.C. No.2241/2016 on 28/06/2016, therefore the applicant may be released on bail.

4.

Learned State counsel do not dispute the fact that similarly placed co-accused has been enlarged on bail in M.Cr.C. No.2241/2016 on 28/06/2016.

5.

Considering the facts and circumstances of the case and the nature of allegations levelled against the applicant as also the fact that charge sheet has been filed and also similarly placed co-accused has been enlarged on bail in M.Cr.C. No.2241/2016 on 28/06/2016, this court is inclined to release the applicant on bail.

6.

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

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri