Imran Khan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.691 of 2016 Imran Khan, S/o Mehman Khan, aged about 21 years, (not mentioned in order impugned) R/o Hudco Colony, Police Line, Bairan Bazar, Police Station Kotwali, Raipur (CG) ---- Applicant

Versus

State of Chhattisgarh, Through Station House Officer, Police Station New Rajendra Nagar, Raipur, District Raipur (C.G.) ---- Non-applicant For Applicant:

Mrs. Fouzia Mirza, Advocate.

For Non-applicant:

Mr. Neeraj Kumar Sharma, Deputy Govt. Adv.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 23/02/2016

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.175/2015, registered at Police Station New Rajendra Nagar, Raipur, for the offence punishable under Section 306 of the IPC.

2. Case of the prosecution, in brief, is that the applicant instigated deceased Deepa to commit suicide and thereby committed the offence.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case. The applicant had some affair with the deceased and relations were normal, all of a sudden, the deceased has committed suicide on 14-10-2015 by hanging as such, there is no evidence that the applicant instigated the deceased to commit suicide and false case has been registered against the applicant. The applicant is in

jail since 25-11-2015 and charge-sheet has been filed.

4. On the other hand, learned State counsel opposes the application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, evidence available in the case diary, extent of proximity and nexus between the conduct and behaviour of the applicant with the suicide committed by the deceased and charge-sheet has been filed, I am of the view that it is a fit case to enlarge the applicant on regular bail. Accordingly, the application is allowed.

7. It is, therefore, directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) Judge Soma