Mahendra Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4765 of 2019 • Mahendra Kumar S/o Ripusudan Kurre Aged About 34 Years R/o Ward No. 10, Nagar Panchayat Palari, Police Station And Tahsil Palari, District Balodabazar Bhatapara, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Palari, District Balodabazar - Bhatapara, Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicant : Shri Raghvendra Pradhan, Advocate.

For Respondent/State : Shri Anand Verma, Dy. G.A.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 03/09/2019

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 199/2019, registered at Police Station - Palari, District - Balodabazar-Bhatapara, (C.G.) for the offence punishable under Section 306 of Indian Penal Code.

2. In the present case, name of the deceased is Nutan Kurre. Applicant is the husband of deceased. Their marriage was solemnized in the year 2017. As per the prosecution story, on 16.05.2019, deceased committed suicide by hanging herself in her matrimonial house. Allegation against the present Applicant is that, after marriage, deceased was subjected to harassment by present Applicant. It is alleged that on 16.05.2019, a quarrel took place between Applicant and deceased. Thereafter, deceased committed suicide by hanging herself. Applicant has been taken into custody on 21.05.2019.

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. He

further submits that from the evidence collected by the prosecution, prima facie, no case under Section 306 of IPC can be made out against the present Applicant. Applicant is in custody since 21.05.2019, charge-sheet has been filed and trial is likely to take some time. Therefore, he may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties and perused the case diary.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that Applicant is in custody since 21.05.2019, charge-sheet has been filed and trial is likely to take some time, without further commenting on other merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Judge Prakash