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High Court Of ChhattisgarhMCRC/8587/2020allowed

Nijamuddin @ Nijam v. State Of Chhattisgarh

2021-02-24Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 8587 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8587 of 2020 • Nijamuddin @ Nijam S/o Mohd. Sobrati Aged About 28 Years R/o Sigandol, Dharampur, Police Outpost - Khadgawa, Police Station - Pratappur, Distt. Surajpur (Chhattisgarh) ---- Petitioner

Versus

• State Of Chhattisgarh Through Police Outpost- Khadgawa, Police Station - Pratappur, Distt. Surajpur (Chhattisgarh) ---- Respondent For Applicant Mr. Amarnath Pandey, Advocate For Respondent /State Mr. Anmol Sharma, Panel Lawyer SB.: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 24/2/2021 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.147/2020 registered at Police Station Pratappur, District Surajpur (CG) for the offence punishable under Section 306 of the IPC. 3.

The applicant was married with deceased Tamanna in the year 2015. It is said that the deceased continued to have conversation with one Biba Panika of her parental village, therefore, the

MCRC No. 8587 of 2020 applicant used to suspect that the deceased was having some kind of relationship with Biba Panika. On this allegation, the applicant caused mental and physical torture to the deceased, due to which, she became depressed and committed suicide on 5.11.2018. 4.

Admittedly, there is no allegation of demand of dowry. It is the applicant's case that the deceased was seeking divorce which the applicant did not want, therefore, she committed suicide. 5.

Considering the quality of evidence and for the fact that the applicant is in jail since 13.9.2020 as the crime was registered after 1 year 2 months of the incident, I am inclined to release the applicant on regular bail.

6.

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. 7.

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