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High Court Of ChhattisgarhMCRC/2392/2019allowed

Tanya Verma v. State Of Chhattisgarh

2019-05-10Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2392 of 2019 Tanya Verma D/o Salil Verma, aged about 22 years, R/o Thakur Para Kawardha, Police Station Kawardha, District Kabirdham (C.G.) --- Applicant

Versus

State of Chhattisgarh, Through Station House Officer, Police Station Pandariya, District kabirdham (C.G.).

---- Respondent For Applicant :

Mr. B.P. Singh, Advocate For Respondent :

Ms. Smriti Shrivastava, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 10/05/2019 1.

The Applicant has preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 26/2019 registered at Police Station Pandariya, Distt. Kabirdham (C.G.) for the offence punishable under Sections 306 of the IPC 2.

On 23/09/2018 one Brijesh Kumar committed suicide by hanging himself in his house. As per prosecution story, it is alleged that the Applicant and the Deceased were having love affairs and the Applicant demanded money from him. On 22/09/2018, the Applicant sent a text message to the Deceased and instigated him for committing suicide, due to which, the Deceased committed suicide. On these backgrounds, the police has registered the offence and arrested the Applicant on 11/03/2019. 3.

Learned counsel for the Applicant submits that the Applicant is innocent

and has been falsely implicated. He further submits that there is nothing on record, on the basis of which, prima-facie offence under Section 306 IPC can be made out against the Applicant. The Applicant is in custody since 11/03/2019 and trial will take time, therefore, the Applicant may be released on bail.

4.

Counsel appearing on behalf of the State opposes the bail application. 5.

I have heard learned counsel for the parties. 6.

Considering the entire facts and circumstances of the case, particularly, the evidence collected by the prosecution and that the Applicant is in custody since 11/03/2019 and trial will likely to take time, I am inclined to release the Applicants 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 surety for the like amount to the satisfaction of the trial Court. Thereafter, he will appear before the Trial Court on each and every date given by the said Court. Sd/- (Arvind Singh Chandel) Judge Rahul