Nitesh Chouhan @ Anitesh Tajan (Chouhan) v. State Of Chhattisgarh

M.Cr.C. No. 4641 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR (Proceedings through Video Conferencing) M.Cr.C. No. 4641 of 2021 • Nitesh Chouhan @ Anitesh Tajan (Chouhan) son of Dev Bhushan Tajan, Caste - Chik, aged about 30 years, resident of Konpara, Police Station - Farsabahar, District- Jashpur (C.G.) ---- Applicant

Versus

• State of Chhattisgarh Through : Station House Officer, Police Station- Tumla, District - Jashpur (C.G.) ---- State/Non-Applicant For Applicant :

Shri Harish Khuntiya, Advocate For Non-Applicant/State :

Shri Anand Verma, Deputy Government Advocate Hon'ble Shri Justice Gautam Chourdiya, J Order on Board 09.08.2021

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. as he is in jail since 07.04.2021 in connection with Crime No. 05/2021 registered in Police Station- Tumla, District Jashpur (CG) for the offence punishable under Section 306 of IPC.

2. As per prosecution case, the applicant and the deceased were having love affair, the applicant given assurance to the deceased for marriage, but later on he refused to marry her, due to which, she consumed insecticide (poison) and committed suicide.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question, the applicant has no criminal antecedents, there is no likelihood of the applicant tampering with the prosecution evidence or absconding, he is in jail since 07.04.2021, chargesheet has been filed and due to Covid-19 pandemic, 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 opposes the

M.Cr.C. No. 4641 of 2021 bail application and submits that the applicant has no criminal antecedents.

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 applicant that he and the deceased were having affair and agreed for marraige, but later on the applicant refused to marry her, therefore, she committed suicide by consuming insecticide, further considering the detention period of the applicant who is 30 years old, the fact that the applicant has no criminal antecedents, there is no likelihood of the applicant tampering with the prosecution evidence or absconding as admitted by both the counsels, charge-sheet has already been filed and due to covid-19 pandemic, conclusion of trial may take some time, without commenting anything on merits of the case, the application is allowed.

6. It is directed that in the event of applicant executing a personal bond for a sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail, on following conditions :- i.

he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such fact to the Court. ii. he shall not act in any manner which will be prejudicial to fair and expeditious trial, and iii. he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. iv. he shall strictly follow the COVID-19 protocol issued by the Central Government / State Government / Local Authority. v. he shall not involve himself in any offence of similar nature in future.

7. Let a copy of this order be forwarded to the concerned Police Station forthwith who shall inform the trial Court in the event of applicant involving himself in similar nature of offence.

Sd/- (Gautam Chourdiya) Judge vatti