High Court Of ChhattisgarhMCRC/6734/2015allowed

Vijay Sahu v. State Of Chhattisgarh

2015-12-08Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6734 of 2015 Vijay Sahu, aged about 25 years, son of Shri Lalji Sahu, r/o village Kurud, Post Siliyari, Dharsiwa, P.S. Dharsiwa, District Raipur (C.G) ... Applicant Vs.

State of Chhattisgarh, through Police Station, Dharsiwa, District Raipur (C.G) ...

Respondent For the applicant :

Mr. Jitendra Nath Nande, Advocate.

For the Respondent :

Mr. Anil S. Pandey, Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 08.12.2015

1. This is an application filed u/s 439 of the Code of Criminal Procedure seeking granting of regular bail to the applicant in connection with Crime No. 226 of 2015 registered at Police Station Dharsiwa, Distt. Raipur (C.G) for the offences punishable under section 306, 498(A) of IPC.

2. As per the prosecution case, on 14.06.2015 deceased Smt. Kiran Sahu, wife of applicant has committed suicide in her house by hanging herself. It is alleged that the marriage took place in the year 2013 and thereafter she was subjected to torture by the applicant being husband and because of such torture and abetment, she committed suicide.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and at the time of incident, the deceased was staying at her maternal home and therefore she was not abetted in any manner. He further submits that the charge sheet has been filed in this case, the applicant is in jail since 23.07.2015 and looking to the detention of the applicant, he may be released on bail.

4. Per contra, learned State Counsel opposes the prayer for grant of bail.

5. Having regard to the nature of allegations and after going through the statement recorded u/s 161 Cr.P.C., as also considering the fact that the charge sheet has been filed in this case and looking to the detention period of the applicant, I am inclined to release him on bail.

6. Accordingly, this bail petition is allowed and the applicant is directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He shall appear before the trial Court as and when directed by the said Court.

7. Cc as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao