Manish Kumar Dhritlahre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1979 of 2019 • Manish Kumar Dhritlahre S/o Ramesh Kumar Dhritlahre Aged About 21 Years (Wrongly Mentioned As Ghritlahre) Occupation Student R/o Damapur, Chowki Damapur, Police Station Kunda, Tahsil Pandaria, District Kabirdham, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer Police Station Kunda, District Kabirdham, Chhattisgarh.

---- Respondent For Applicant : Mr. Vipin Singh, Advocate.

For Respondent/State : Mr. Alok Nigam, G.A.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 05/04/2019

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime no. 17/2019, registered at Police Station Kunda, District Kabirdham (C.G.) for the offence punishable under Section 306 of the IPC.

2. As per prosecution story, deceased Bharti Shrivastava who was at the relevant time studying in Class 11th at Damapur High School, she was developed one sided love relationship with the applicant and the applicant refused the same, due to that the deceased committed suicide by pouring kerosene oil and set her on fire. On the basis of above, offence has been registered. The applicant is in custody since 13.02.2019.

3. Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that there is nothing on record on the basis of

which prmia facie offence under Section 306 of the IPC can be made out against the applicant. The applicant is in custody since 13.02.2019 and trial is likely to take some time. Therefore, the applicant may be released on bail.

4. Per contra, learned counsel appearing on behalf of State opposes the bail application.

5. I have heard learned Counsel for both the parties.

6. Considering the facts and circumstances of the case and evidence collected by the prosecution, further considering the fact that. The applicant is in custody since 13-02-2019 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one local solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Shubham