High Court Of ChhattisgarhMCRC/5324/2020allowed

Falguni Kashyap v. State Of Chhattisgarh

2020-10-19Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 5324 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5324 of 2020 • Falguni Kashyap S/o Jugu Kashyap Aged About 23 Years R/o At Village Bandaji, P.S.- Bandaji District- Bastar, (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Lohandiguda, District- Bastar, (C.G.) ---- Respondent For Applicant :- Mr. P. K. Tulsyan, Advocate For Respondent-State :- Mr. K.K. Singh, G.A.

Proceedings through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 19/10/2020

1. Heard.

2. The applicant has preferred this application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.31/2020 registered in Police Station Police Lohandiguda, District Bastar for the offence punishable under Section 306 of the I.P.C.

3. Case of the prosecution, in brief, is that applicant and deceased had an affair also involving sexual relation,

MCRC No. 5324 of 2020 however, applicant got engaged to some other girl whereafter the deceased stated to the applicant that she cannot live without him. The applicant assured her that while he would marry the girl with whom he has been engaged for marriage by his parents, he will also keep the deceased with him. It seems that the deceased was perturbed because of fixing of applicant's marriage with some other girl. Therefore, she committed suicide by hanging herself on 06.05.2020.

4. The present applicant is in jail since 30.06.2020 and the charge sheet has already been filed.

5. Learned State counsel would oppose the prayer for grant of bail.

6. Considering entire fact situation of the case, this Court is inclined to release the applicant on bail. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and the applicant is directed to be released on bail on executing a personal bond for a sum of ₹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) Judge Ayushi