High Court Of ChhattisgarhMCRC/2526/2020allowed

Anubhav Gupta v. State Of Chhattisgarh

2020-05-12Hon'Ble Shri Justice Gautam Chourdiya2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2526 of 2020 • Anubhav Gupta, S/o Late Shri Sihvkumar Gupta, aged about 30 Years, R/o Chudi Line, Nayapara, Raipur, Police Station Gole Bazar, District- Raipur, Chhattisgarh.

----Applicant

Versus

• State of Chhattisgarh, Police Station Gole Bazar, Raipur, DistrictRaipur, Chhattisgarh. ---- Respondent For Applicant Shri H.B. Agrawal, Senior Advocate with Shri Pankaj Agrawal, Advocate.

For Respondent/State Shri H.S. Alhuwalia, Dy. A.G.

Hon'ble Shri Justice Gautam Chourdiya Order in Chamber 12/05/2020

1. The applicant has preferred this application under Section 439 of Cr.P.C. as he is in jail since 29.04.2020 in connection with Crime No. 35/2020 registered in Police Station- Gole Bazar, Raipur, District Raipur, C.G. for the offence punishable under 306 of Indian Penal Code.

2. Allegation against the accused is that after his marriage with Anjali on 08.07.2019, he was treating her with cruelty after consuming liquor and was also asking for divorce. Having been fed up with this ill-treatment Anjali committed suicide by hanging herself which led to registration of offence under Section 306 of

Indian Penal Code.

3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in this case. He submits that the applicant had love marriage with the deceased, he never ill-treated or misbehaved with the deceased. The applicant is in jail since 29.04.2020, charge has not yet been filed and there is every likelihood that conclusion of the trial may take some time.

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

5. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the application is allowed. It is directed that in the event of applicant executing a personal bond for a sum of Rs.25,000/- with two sureties for the like amount to the satisfaction of the concerned trial Court, he shall be released on bail. He is directed to appear before the trial Court on each and every date given to him by the said Court, till disposal of the trial.

6. It is made clear that the applicant shall not involve himself in any offence of similar nature in future or else this order granting bail to the applicant shall automatically stand cancelled without further reference to the Bench.

Sd/- Gautam Chourdiya Judge Akhilesh