High Court Of ChhattisgarhMCRC/3449/2021rejected

Amaan Ahmad Ansari v. State Of Chhattisgarh

2021-07-20Hon'Ble Shri Justice Gautam Chourdiya2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR (Proceedings through Video Conferencing) MCRC No. 3449 of 2021 • Amaan Ahmad Ansari, S/o Shri Ajmat Hussain Ansari, Aged About 20 Years, R/o Village- Bichiya, P. S. Amlai, DistrictShahdol, Madhy- Pradesh. ---- Applicant

Versus

• State of Chhattisgarh, Through- Station House Officer, P. S. Jhagrakhand, District - Koriya, Chhattisgarh. ---- Non-Applicant For Applicant : Mr. Akhtar Hussain, Advocate For Non-Applicant/State : Dr. (Ms.) Veena Nair, Dy. A.G. Hon'ble Justice Shri Gautam Chourdiya Order on Board 20.07.2021

1) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 22.02.2021 in connection with Crime No. 174/2020, registered at Police Station- Jhagrakhand, District- Koriya (C.G.) for the offence punishable under Section 306 of IPC.

2) Case of the prosecution, in brief, is that the present applicant had an affair with deceased Seema. The deceased informed her husband about the affair on which her husband started scolding and ill-treating her, therefore, she committed suicide by hanging in her house and left one suicide note stating that the applicant is responsible for the suicide.

3) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question, he further submits that the applicant has no criminal antecedents, there is no likelihood of the applicant tampering with the prosecution evidence or absconding, charge-sheet has already been filed, the

applicant has been arrested on 22.02.2021 and due to Covid-19 trial is likely to take some time for its final disposal. Therefore, the applicant be released on bail by this Court.

4) On the other hand, learned counsel for the Non-Applicant/State vehemently opposes the bail application and submits that as per suicide note of the deceased Seema, the present applicant is responsible for her death.

5) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the nature of allegation made against the present applicant, coupled with suicide note of the deceased, without commenting anything on merits of the case, I am not inclined to released the applicant on bail.

6) Accordingly, the bail application of the applicant is rejected. Sd/- (Gautam Chourdiya) Judge Nadim