Parmeshwar Sahu @ Bunty v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3781 of 2019 • Parmeshwar Sahu @ Bunty S/o Bhuneshwar Sahu Aged About 22 Years R/o Ratnabandha, Durga Mandir Gali, Police Station City Kotwali, District Dhamtari Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station City Kotwali, Dhamtari, District Dhamtari Chhattisgarh.

---- Respondent For Applicant : Mr. Anil Gulati, Advocate.

For Respondent/State : Mr. KK Dewangan, Dy. G.A. Hon'ble Shri Justice Arvind Singh Chandel Order On Board 18/06/2019

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime no. 207/2019, registered at Police Station City Kotwali, District Dhamtari (C.G.) for the offence punishable under Section 306 of the IPC.

2. As per prosecution story, the applicant is the husband of deceased Deepika. On 13.04.2019, deceased Deepika committed suicide by hanging herself at her paternal house. Allegation against the applicant is that after marriage with the deceased, he forced and harassed the deceased for doing job, resulting which, the deceased committed suicide. On the basis of said background, offence has been registered. The applicant is in custody since 20.05.2019.

3. Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that there is no direct evidence available on record against the applicant regarding harassment with the deceased prima facie no offence under Section 306 of the IPC can be made out against him, he is in custody since 20.05.2019, charge-sheet has already been filed and trial is likely to take some time. Therefore, the applicant may be released on bail.

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

5. I have heard learned Counsel for both the parties.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the applicant is in custody since 20-05-2019, chargesheet has already been filed and trial is likely to take some time, without further commenting on merits 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 solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Judge Shubham