Pramod Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6867 of 2021 Pramod Singh, S/o Ramsingh, aged about 25 years, R/o Village Toja, Police Station Janakpur, District Koriya (C.G.) (In Jail) ---- Applicant

Versus

State of Chhattisgarh, Through : Station House Officer, Police of Police Station Janakpur, District - Koriya (C.G.) ----Non-applicant For Applicant : Mr. Anil Gulati, Advocate. For Non-applicant : Mr. Sameer Uraon, Govt. Advocate. Hon'ble Shri Justice N.K. Chandravanshi Order On Board 22.11.2021 (1) The applicant/accused has preferred this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail in connection with Crime No. 107/2021 registered at police Station Janakpur, DistrictKoriya (C.G.) for commission of offence punishable under Section 306 of the Indian Penal Code.

(2) Case of the prosecution, in brief, is that marriage of Pappi Singh (since deceased) was solemnized with the applicant in the month of February, 2017. After marriage, applicant used to ill-treated / torture the deceased as they are not blessed with the child. Applicant also used to physically and mentally assault her, and on account of humiliation and frustration, deceased Pappi Singh committed suicide by jumping into the Well. Merg intimation was lodged on 31.1.2019 by father-in-law of deceased namely Ram Singh. After investigation, FIR was registered on 4.8.2021 against the applicant under Section 306 of the IPC. (3) Learned counsel appearing for the applicant would submit that applicant is

innocent and he has been falsely implicated in this case, as he has never harassed or ill-treated to the deceased. He would also submit that after investigation, chargesheet has been filed but there is no substance to prove the abatement to commit suicide against the applicant. He would next submit that in merg enquiry, police did not find any material fact against the applicant but due to pressure created by parents of the deceased, present FIR was registered against the the applicant belatedly after more than 2 1⁄2 years of the merg enquiry. (4) On the other hand, counsel for the State vehemently opposed the bail application.

(5) Considering the facts & circumstances of the case, nature & gravity of the offence; also taking into consideration the detention period of the applicant; chargesheet has already been filed and totality of the facts; I am of the view that it is a fit case to release the applicant on bail. Accordingly, the bail application is allowed. (6) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy, as per rules.

Sd/- (N.K. Chandravanshi) Judge D/-