High Court Of ChhattisgarhMCRC/4339/2021allowed

Niel Ekka v. State Of Chhattisgarh

2021-08-13Hon'Ble The Acting Chief Justice2 pages

MCRC No. 4339 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Proceeding through video conferencing MCRC No. 4339 of 2021 • Niel Ekka S/o Prabal Ekka, aged about 40 years, R/o Barbaspur, Chouki Jatga, Thana: Katghora, District: Korba Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh, Through: Police Station Katghora, District: Korba Chhattisgarh.

---- Respondent _____________________________________________________ For Applicant - Shri Akath Kumar Yadav, Advocate.

For Respondent/State - Shri Vikram Sharma, Dy. Government Advocate.

Hon'ble Shri Prashant Kumar Mishra Ag. Chief Justice Order on Board 13-08-2021

1. Heard.

2. The applicant has preferred the first bail application under Section 439 of the Cr.P.C., as he has been arrested in connection with Crime No.241/2020, registered at Police Station - Katghora, District- Korba (C.G.) for the offence punishable under Section 306 of the Indian Penal Code, 1860.

3. Deceased Sangeeta, wife of the present applicant, committed suicide in her marital house on 19-02-2020. She was married with the present applicant in the year 2009 and have two issues out of the wedlock. The incident happened after eleven years of the marriage.

MCRC No. 4339 of 2021

4. As per the prosecution case, the deceased was frustrated and disgusted with the applicant's misbehavior and the habit of raising quarrel in the state of intoxication.

5. Considering the prerequisites of the offence under Section 306 of the IPC and for the fact that the applicant is in jail since 18-09-2020 i.e. for more than eleven months and also the trial may take some time to conclude, I am inclined to release the applicant on bail.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

SD/- (Prashant Kumar Mishra) Acting Chief Judge Amardeep