Ashok Kumar Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6830 of 2015 Ashok Kumar Sahu S/o Niranjan Sahu, Aged About 22 Years R/o Ward No. 8, Raut Para, Dagabada, Post & P. S. And Tehsil- Aarang, Revenue & Civil District Raipur (Chhattisgarh) ---- Applicant

Versus

State Of Chhattisgarh Through, Station House Officer Aarang, Revenue & Civil District - Raipur (Chhattisgarh) ---- Respondent For applicant - Shri Surfaraj Khan, Advocate. For Respondent/State - Shri Ramakant Mishra, Dy.A.G. Hon'ble Shri Justice Goutam Bhaduri Order 17/12/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 242/2015 registered in Police Station Aarang, District Raipur (C.G.) for offence punishable under section 306 of Indian Penal Code.

2.

As per the prosecution case deceased committed suicide by pouring kerosene oil and set herself ablaze on 11/06/2015. Applicant is the husband. It is case of the prosecution that because of the abetment caused deceased has committed suicide.

3.

Learned counsel for the applicant submits that dying declaration in this case was obtained and in dying declaration nothing has been attributed to this applicant only it was stated that the husband used to doubt, therefore it will not amount to as abetment to commit suicide. Learned counsel therefore prays for release of the applicant on bail. 4.

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

I have perused the case diary and the dying declaration. Taking into

account charge sheet having been filed, applicant is in jail since 22/07/2015, considering the prima facie evidence without any observation on merit, 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