Geeteshwar Kumar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2742 of 2019 Geeteshwar Kumar Sahu, Aged 38 years, S/o. Dharam Singh, R/o. Gali No.: 7, Ekta Nagar, PS.: Mana Camp, Dist.: Raipur (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through PS : Mana Camp, Raipur (C.G.) ----Non-applicant For Applicant : Mr. N. Naha Roay, Advocate. For Non-applicant :

Mr. H.S. Ahluwalia, Deputy Government Advocate. Hon'ble Smt. Justice Rajani Dubey Order On Board 24/05/2019 (1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 22/2019 registered at Police Station Mana Camp, Raipur (C.G.) for the offence punishable under Sections 498-A & 306 of the Indian Penal Code. (2) Case of the prosecution, in brief, is that the marriage of deceased Dropadi Sahu was solemnized with applicant - Geeteshwar Kumar Sahu and after marriage present applicant (husband of deceased) started harassing her after consuming liquor and treated her with cruelty; and out of humiliation and frustration, she has committed suicide by hanging over the ceiling fan and thereby committed the aforesaid offence. (3) Counsel for the applicant submits that the applicant has falsely been implicated in the crime in question as there is no evidence on record regarding marpeet after

consuming liquor against the applicant and also there is no allegation of abatement in the suicide note recovered from the place of occurrence. He further submits that the application is in detention since 24.01.2019 and charge sheet has already been filed and, therefore, the applicant may be released on bail. (4) On the other hand, counsel for the State opposes the bail application. (5) Taking into consideration the nature and gravity of the offence, facts & circumstances of the case, and further considering the facts that applicant is in detention since 24.01.2019; charge sheet has already been filed and the trial is likely to take some time for its final disposal, this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

(7) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court. Certified copy, as per rules.

Sd/- (Rajani Dubey) Vacation Judge D/-