Narendra Kumar Rajwade v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5833 of 2020 • Narendra Kumar Rajwade S/o Shri Keshwar Ram Rajwade Aged About 35 Years Occupation Agriculturist, Caste Rajwar, R/o Village Ganeshpur, Police Station And Tahsil Lakhanpur, District Surguja Chhattisgarh., ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Lakhanpur , , District : Surguja (Ambikapur), Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------------- For Applicant :

Mr. Neeraj Kumar Mehta, Advocate.

For State :

Mrs. Vimlesh Bajpai, Dy Advocate General For Objector :

Mr. Rahul M ishra, Advocate.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 25-11-2020

1. The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail as he is in jail since 14-8-2020 in connection with Crime No. 82 of 2020 registered at Police Station Lakhanpur, District Surguja (CG) for the offence punishable under Section 306 of IPC.

2. The case of the prosecution is that the marriage of the applicant was solemnized with Shrimati Bai since deceased in the year 2003 and out of their wedlock two children were born. The applicant used to threaten and tortured the deceased by saying that he would bring another wife and would not keep her, which led the deceased to commit suicide.

3. Learned counsel for the applicant submits that the applicant has been

falsely implicated in the crime in question. There is no evidence to show that the applicant abetted the deceased to commit suicide. He would further submit that the applicant is neither a previous convicted nor a person with criminal record. He further submits that the applicant is in custody since 14-8-2020 and trial is likely to take some time for its disposal, therefore, the present applicant may be granted bail.

4. On the other hand, learned counsel for the respondent/State though opposes the bail application.

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

6. Considering the facts and circumstances of the case, nature of allegations levelled against the applicant, further considering the detention period of the applicant, conclusion of trial make take some time and without further comments on the merits of the case, I am of the opinion that it is a fit case to grant the bail to the applicant.

7. Accordingly, the application is allowed an it is directed that the applicant shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial Court on each and every date given by the said trial court, till disposal of the trial.

Sd/- (Gautam Chourdiya) Judge Raju