Gedda v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Gedda S/o Kandru Bek, Aged About 27 Years R/o Village Aara, Police Station And Tehsil Sitapur , District Sarguja Chhattisgarh. ---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station Sitapur , District Sarguja Chhattisgarh ---- Respondent For Applicant Ms. Saumya Sharma, Advocate For Respondent /State Mr. Ravish Verma, Government Advocate Proceedings through Video Conferencing SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 2/11/2020

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant,

who has been arrested in connection with Crime No.134/2019 registered at Police Station Sitapur, District Sarguja (CG) for the offence punishable under Sections 307, 34 of the IPC.

3. The applicant was married with injured Jila Beck about 9-10 years back. As per the FIR lodged on 23.7.2019, the applicant made his wife to consume insecticide and also pushed her on the ground.

4. Admittedly, there is no forensic evidence of presence of insecticide in the body of the injured as the FIR itself was lodged after one month of the incident. In the medical papers available in the case diary, there is one letter written by the Medical OfÏcer to the Police Station, Sitapur mentioning that the injured was admitted to the hospital on 24.7.2019 but she left the hospital at 12:00 noon on 1.8.2019 without informing the hospital administration.

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

6. Considering that the applicant is in jail since 1.2.2020 i.e. for more than 10 months and the charge sheet has already been filed as also the quality of evidence as also for the reason that co-accused Kandru has been released on bail vide order dated 21.8.2020 passed in MCRC No.3455 of 2020, this Court is inclined to release the applicant on regular bail.

7. Accordingly, the bail application is allowed and the applicant is

directed to be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with one surety in 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.

8. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna