Manoj Khare v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 5535 of 2016

1. Manoj Khare, S/o. Arun Khare, aged about 25 years, R/o. VillagePendarwa, P.S. - Ratanpur, District - Bilaspur (C.G.) ----Applicant

Versus

1. State of Chhattisgarh, Through : Police Station - Ratanpur, District - Bilaspur (C.G.) ---- Respondent For Applicant : Mr. Rajesh Jain, Advocate For Respondent/State : Ms. Shobha Kashyap, Dy.Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 19/09/2016 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.145/2016, registered at Police Station - Ratanpur, District - Bilaspur (C.G.) for the offence punishable under Section 341, 354, 306 of Indian Penal Code. 2.

Case of the prosecution, in brief, is that on 31.03.2016 one Manju Kashyap committed suicide by setting herself ablaze. It is alleged that the present applicant used to pass comments and tried to outrage the modesty of the deceased and thereafter, she committed suicide as the applicant on certain day intercepted the way of the deceased and asked her to call him.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the applicant has not abetted the commission of crime. It is further submitted that charge-

Page No.2 sheet in this case has been filed and the applicant is in jail since 13.06.2016, therefore, the counsel prays that the applicant may be enlarged on bail.

4.

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

5.

I have heard learned counsel appearing for the parties. 6.

Perused the case diary, documents as also the statement of Sitaram Kashyap, the husband of the deceased and Lara Ram Kashyap, the father of the deceased. Considering the statements and taking into the facts and circumstances of the case, without any further observation on merits this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

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

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. 9.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram