Mahesh Kumar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6679 of 2016 Mahesh Kumar S/o Radhelal Ravte Aged About 30 Years R/o Village Mudkhusra, Police Station- Suregaon, District- Balod, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station- Suregaon (Wrongly Mentioned As Suregkaon), District Balod, Chhattisgarh.

---- Respondent For applicant - Shri Shivendra Bharadwaj, Advocate. For Respondent/State - Ms. Sunita Jain, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 26/10/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.32/2016 registered in Police Station Suregaon, District Balod (C.G.) for offence punishable under section 306 of Indian Penal Code.

2.

As per the prosecution case, one Temin Bai wife of the applicant committed suicide by setting herself ablaze on 15/07/2016. It is alleged that the applicant used to assassinate character of the deceased and clamp charges that she is having relation with other male members, therefore she committed suicide. Applicant thereby abetted commission of suicide.

3.

Learned counsel for the applicant submits that on the trivial issue deceased has committed suicide and applicant has not abetted the crime. He submits that statement of mother and father of the deceased have been recorded, no further investigation would be necessary. He further submits that two children out of the wedlock were born of 5 and 2 years

and the applicant has not abetted commission of crime, therefore the applicant may be released on bail.

4.

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

Perused the statement of father Jagat Ram and mother Mangi Bai. Taking into statement of father and mother, without further observation on the merits, 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.

Sd/- (Goutam Bhaduri) JUDGE gouri