Sanjay Banjare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2040 of 2020 • Sanjay Banjare S/o Amar Das, Aged about 30 years, R/o- Ward No. 1 Satnami Para, Kumhari, District Durg (CG) ---- Applicant

Versus

• State of Chhattisgarh, Through - Station House officer, PS- Kumhari, District Durg (C.G.) ---- Respondent For Applicant : Mr. Praveen Kumar Dhurandhar, Advocate.

For Respondent/State : Mr. Raghvendra Verma, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 16.06.2020 • The accused/applicant has moved his first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 232/2019 registered at Police Station - Kumhari, District Durg (C.G.) for the offence punishable under Section 306, 34 of IPC.

• According to the prosecution story, the deceased namely Chandrawati Banjare committed suicide at her in-laws house on 15.06.2018, subsequently after one year a written report was made by the father of deceased on 29.11.2019 alleging therein that the applicant who is husband and the co-accused persons harassed the deceased on due to which she committed suicide.

• Learned counsel for the applicant submits that the applicant is innocent person and he has been falsely been implicated in the present case, the prosecution has framed a false and concocted story against the present applicant. He next contended that the applicant is in jail since 30.11.2019, therefore he may be granted bail.

• On the other hand, counsel for the State opposes the bail application.

• I have heard learned Counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicant, as trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

• Accordingly, the bail application is allowed. • It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 25,000/-, with one local surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

• It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnished in view of the order passed by the High Power Committee constituted in compliance of the order of the Supreme Court of India dated 23.03.2020 in the matter of in Re : Contagion of COVID 19 Virus in Prisons (Suo Moto Writ Petition (c) No. 1/2020), they need not furnish bail bonds afresh and the bail bonds already furnished shall be deemed to be the bail bonds furnished in compliance of the order of this Court, but if they have not furnished the bail bonds earlier, then they will be required to furnish bail bonds within four weeks from today.

Sd/- (Rajani Dubey) Judge Vasant