High Court Of ChhattisgarhMCRC/2054/2021allowed

Udhoram Jaiswal v. State Of Chhattisgarh

2021-07-26Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2054 of 2021 Udhoram Jaiswal S/o Videshi Ram Aged About 43 Years R/o Jora Talab, Police Station And Tahsil Kawardha, District : Kawardha (Kabirdham), Chhattisgarh. ---- Applicant

Versus

State of Chhattisgarh through District Magistrate, District Kabirdham Police Station Bodla, District : Kawardha (Kabirdham), Chhattisgarh --- Respondents For the applicant :

Mr. Rajnish Singh Baghel, Advocate.

For the Respondent :

Mr. Ashish Tiwari, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board .07.2021

1. This is a first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in Crime No. 35 of 2021 of Police Station Bodla, District Kabirdham (C.G) for the offence punishable under Section 306 of IPC.

2. As per the prosecution case, the deceased Santoshi Bai committed suicide by consuming poison. It is alleged that the applicant has developed physical relations on the pretext of marriage and thereafter he refused to marry and scolded her and also instigated to commit suicide. Consequently she consumed poison and thereafter died on 18.10.2020.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated and there is no evidence of abetment to commit suicide. He further submits that the applicant is in jail since 24.02.2021; charge sheet has been

filed and no further investigation is necessary, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail and submits that as per the oral dying declaration before the father, the applicant instigated her to commit suicide.

5. Having considered the submissions of the parties and the fact that the charge sheet has been filed; the applicant is in jail since 24.02.2021 and no further investigation is necessary, I am inclined to allow this bail application.

6. 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 for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao