High Court Of ChhattisgarhMCRC/2241/2016allowed

Raju Dewanagan v. State Of Chhattisgarh

2016-06-28Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2241 of 2016 • Raju Dewanagan S/o Sitaram Aged About 20 Years R/o Village : Pakariya, Police Station Sheorinarayan, Tahsil Pamgarh, District : Janjgir - Champa Chhattisgarh ---- Petitioner

Versus

• State of Chhattisgarh Through : Station House Officer, Police Station : Sheorinarayan, District : Janjgir - Champa Chhattisgarh --- Respondent For the applicant :

Mr. Gurudeo Sharan, Advocate For the Respondent :

Mr.Vinod Tekam, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 28.06.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 60 of 2016 registered at P.S. Sheorinarayan, District Janjgir Champa (C.G) for the offence punishable under Section 306, 451, 34 of IPC.

2. As per the prosecution case, one Kavita Sahu committed suicide on 26.1.2016 and the allegation is that the applicant alongwith co-accused used to pressurize her for marriage and took her away and since the brother of the deceased has performed marriage with the niece of one of co-accused consequently the applicant had abetted commission of crime, thereby the offence is committed.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated and he has not abetted the commission of crime and only on false assumption he has

been inculpated. He further submits that the charge sheet has been filed and no investigation is necessary and looking to the pretrial detention of the applicant as he is in jail since 19.03.2016, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary and other documents.

6. Considering the facts and circumstances of the case and the nature of allegations levelled against the applicant as also the fact that the charge sheet has been filed and the applicant is stated to be in jail since 19.03.2016, without any observation on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o