Virendra Kumar Mourya v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3633 of 2016 Virendra Kumar Mourya S/o Munna Prasad Mourya Aged About 25 Years R/o Indira Awas Dheka, P.S. Torwa, Revenue & Civil District Bilaspur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Police Station Sarkanda, District Bilaspur, Chhattisgarh.

---- Respondent For applicant - Shri P.K. Tulsiyan, Advocate. For Respondent/State - Shri Anil S. Pandey, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 14/07/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.242/2016 registered in Police Station Sarkanda, District Bilaspur (C.G.) for offence punishable under sections 306 of Indian Penal Code.

2.

As per the prosecution case on 24/11/2015 Gitu Kushwaha hanged herself and she subsequently died on 8/12/2015. It is the case of the prosecution that before the incident the deceased had a talk with the applicant and the suicidal note was recovered wherein it is stated that applicant has sexually exploited her and thereafter refused to marry her. Therefore, applicant has abetted committing of the suicide and the offence is committed.

3.

Learned counsel for the applicant submits that perusal of the entire charge sheet would show that no abetment has been caused and the applicant has been falsely implicated in this case. He submits that charge sheet has been filed, no further investigation is necessary, therefore the

applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the case diary, documents and the charge sheet. After perusal of the documents and also considering the facts and circumstances of the case, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri