High Court Of ChhattisgarhMCRC/5796/2016allowed

Rajendra Kumar v. State Of Chhattisgarh

2016-09-27Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5796 of 2016 • Rajendra Kumar S/o Harinath Bareth, Aged About 21 Years R/o Village Kirari, Tahsil Dabhra, P.S. Dabhra, Civil And Revenue District Janjgir-Champa, Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh through the Police Station Dabhra, Civil & Revenue District Janjgir-Champa, Chhattisgarh ---- Respondent For the applicant :

Mr. Kamal Kishore Patel, Advocate For the Respondent :

Mr. Anil S. Pandey, Govt. Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 27.09.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 150 of 2016 registered at P.S. Dabhra, Distt. Janjgir Champa (C.G) for the offence punishable under Sections 306, 34, 376 of IPC.

2. As per the prosecution case, a report was lodged by the father of deceased Sukhmani that on 05.03.2016 his daughter committed suicide. It is alleged that the deceased was in love relations with the present applicant and her character was suspected by the relative of the present applicant and thereafter the applicant refused to marry her, therefore, she committed suicide.

3. Learned counsel for the applicant submits that the applicant has not abetted the deceased to commit suicide and she deceased of her own committed suicide for the reasons best known to her. He further submits that the charge sheet has been filed and no allegations of abetment can be attributed to the present applicant.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary and the statements of witnesses namely Sushila Bai and Smt. Rail Bai.

6. Taking into such statements and the nature of allegations leveled against the applicant, without any further observation on merits of the case, I am inclined to allow this bail petition.

7. 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. He shall also appear before the trial Court as and when directed by the said Court.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o