Haridarshan Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3931 of 2018 Haridarshan Singh S/o Shri Buddhsen, aged about 33 years, R/o VillageMagardaha Dafai, New Ledri, P.S. Jhagrakhand, Tahsil Manendragarh, DistrictKorea (C.G.). --- Applicant

Versus

State of Chhattisgarh, Through- Station House Officer, Police Station Jhagrakhand, District- Korea (C.G.).

---- Respondent For Applicant :

Mr. Anil Gulati, Advocate For Respondent :

Mr. Arvind Shukla, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 25/06/2018 1.

The applicant has preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 207/2017 registered at Police StationJhagrakhand, District- Korea (C.G.) for the offence punishable under Sections 498-A and 306/34 of IPC 2.

As per prosecution story in the month of April, 2013, the marriage of deceased- Phoolkali was solemnized with Ashok Kumar. On 17/10/2017, Phoolkali had committed suicide in her matrimonial house. Merg intimation was lodged by Terasiya Bai, mother-in-law of the deceased. The matter was inquired by the police. It is alleged that the present applicant, who is the elder brother of Ashok husband of the deceased and other co-accused- Teraseya Bai and Suman, sister-inlaw of the deceased started to raise dispute with the deceased on account of some house hold work, therefore, Phoolkali Bai had

committed suicide.

3.

Learned counsel appearing on behalf of the applicant submits that the applicant is in jail since 24/11/2017 and have been falsely implicated in the present case. No case is made out against him on the basis of material available on record. He further submits that other co-accused namely- Teraseya Bai and Suman Singh have already been granted bail by this Court vide order dated 24/04/2018 in MCRC No. 1692/2018. The allegation against the present applicant is of similar nature, therefore, he may also be released on bail. 4.

Per contra, learned counsel appearing on behalf of the State opposes the bail application.

5.

I have heard learned counsel for both the parties. 6.

Considering the above facts and circumstances of the case, particularly considering that other co-accused have already been released on bail by this Court vide order dated 24/04/2018 in MCRC No. 1692/2018, without further commenting on merit of the case, I am inclined to release the applicant on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 25,000/- with one surety for the like amount to the satisfaction of the trial Court. Thereafter, he will appear before the Trial Court on each and every date given by the said Court. Sd/- Judge Arvind Singh Chandel Rahul