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High Court Of ChhattisgarhMCRC/7362/2015disposed off

Chandra Kumar Soni v. State Of Chhattisgarh

2016-01-05Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7362 of 2015 Chandra Kumar Soni S/o Pukram Soni Aged About 37 Years R/o Village Anda P.O. Mal Kharoda Distt. Janjgir Champa Chhattisgarh, Presently Residing At Gandhinagar Jutemill Raigarh, Tahsil & District Raigarh Civil & Revenue District Raigarh Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Thana Kotwali, Distt. - Raigarh Chhattigarh ---- Respondent For applicant - Shri Rajendra Tripathi, Advocate. For Respondent/State - Shri Anil S. Pandey, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 5/01/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 781/2015 registered in Police Station Kotwali, Dist. Raigarh (C.G.) for offence punishable under section 306 of IPC.

2.

As per the prosecution case on 14/05/2014 wife of the applicant namely Bedmati consumed poison and committed suicide and thereafter on investigation it was found that applicant has abetted and instigated the deceased to commit suicide, therefore offence has been committed. 3.

Learned counsel for the applicant submits that FIR is delayed by 1 1⁄2 years and no evidence is against the applicant to show that he has abetted the offence, therefore, the applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

I have perused the case diary and the charge sheet. Having regard to the facts and circumstances of the case and also taking into account delay in lodging the FIR and nature of allegations against this applicant,

charge sheet having been filed, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri