Ramesh Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2323 of 2021 • Ramesh Singh S/o Shri Puran Singh Aged About 40 Years R/o Kashiram Nagar, Police Station- Telibandha, Raipur, Tahsil And District- Raipur, Chhattisgarh ----Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer- Telibandha, Raipur, Chhattisgarh ---- Respondent For Applicant :

Shri Akhtar Hussain, Advocate For Respondents/State :

Shri Rahul Jha, GA Hon'ble Shri Justice Goutam Bhaduri Order 16/07/20

1. Heard.

2. This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 14.02.2021 in connection with Crime No.66/2021 registered at Police Station Telibandha, Raipur (CG) for the offence punishable under Section 306 I.P.C.

3. As per the prosecution case, the wife of the applicant set her ablaze on 03.02.2021 and due to which she succumbed to death on 08.02.2021.

4. Learned counsel for the applicant submits that according to the dying declaration since the husband of the deceased had a relation with the other

lady and on that issue some dispute took place and no instigation is by the present applicant and the charge-sheet in this case has been filed, therefore, the applicant may be released on bail.

5. Per contra, learned State counsel opposes the prayer for grant of bail.

6. I have considered the dying declaration of the deceased. Considering the same and further considering that the applicant is in jail since 14.02.2021, I am inclined to release the applicant on bail.

7. Accordingly, the 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 trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. SD/-Sd/-- Goutam Bhaduri Judge Ashu