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High Court Of ChhattisgarhMCRC/3170/2015dismissed

Sanjay Navratna v. State Of Chhattisgarh

2015-07-28Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3170 OF 2015 Sanjay Navratna son of Panchamlal, aged about 27 years, resident of Ita Bhattha Dafai, Haldibadi, Chirmiri, Police Station-Chirmiri, District-Koriya (CG) ---Applicant

Versus

State of Chhattisgarh, through the Station House Officer Police StationChirmiri, District-Koriya (CG) ---Non-applicant For Applicant :

Ms Sharmila Shinghai, Advocate.

For-Non-applicant :

Mrs. Anusuiya Rajput, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 28/07/2015 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.7 of 2015, registered at Police Station-Chirmiri, District-Koriya (CG), for the offence punishable under Section 306/34 of the IPC.

2.

Case of the prosecution, in brief, is that the applicant and co-accused abetted the commission of suicide by deceased Smt.Reena and she committed suicide on 5.1.2015.

3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and has been falsely implicated in crime in question, the deceased was mentally unfit, as such, she was unhappy of her marriage with the applicant. Learned counsel would further submit that the

applicant is in jail since 6.1.2015 and charge-sheet has already been filed. 4.

Learned State counsel would oppose the prayer for grant of bail and submit that marriage was solemnized on 18.4.2015 and within eight months of marriage, she has committed suicide on account of cruelty and harassment meted by the applicant and co-accused, which is apparent from the statements of mother and brother of the deceased. 5.

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

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; proximity and nexus between conduct and behaviour of the present applicant with suicide committed by the deceased and other material collected by the prosecution, this Court is not inclined to release the applicant on regular bail. 7.

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

8.

Certified copy as per rules.

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