High Court Of ChhattisgarhMCRC/8352/2020rejected

Lalit Yadav v. State Of Chhattisgarh

2021-02-18Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8352 of 2020 • Lalit Yadav, S/o Lalo, Aged About 35 Years, R/o Village Lohar Singh, Police Station- Pusaur, District- Raigarh (Chhattisgarh). ---- Applicant

Versus

• State of Chhattisgarh Through - Station House Officer, Police Station- Chandrapur, District- Janjgir-Champa (Chhattisgarh). ---- Respondent For Applicant : Mr. Vinod Kumar Chandra, Adv.

For Respondent/State : Mr. Samir Uraon, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 18.02.2021

1. The accused/applicant has moved this second bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 106/2019 registered at Police Station- Chandrapur, District- JanjgirChampa, (C.G.) for the offence punishable under Section 306 of IPC.

2. The first bail application of the applicant was dismissed vide order dated 22.06.2020 passed in MCRC No. 3704/2020.

3. As per prosecution case, the allegation against the applicant is that the applicant, who is the husband of the deceased, used to harass the deceased by doubting on her character, due to that, she committed suicide by setting herself ablazed. Based on this, offence has been registered against the present applicant and he has been taken into custody on 26.01.2020.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the applicant is in jail since

26.01.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

5. On the other hand, counsel for the State opposes the bail application submitting that there is direct allegation against the applicant in dying declaration of deceased which shows an abetment for suicide, applicant did a very heinous crime and, therefore, it is not a fit case to release him on bail.

6. I have heard learned counsel for the parties and perused the case diary.

7. Considering the facts and circumstances of the case, especially nature and gravity of crime in question, at this stage, I am not inclined to release him on bail.

8. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is rejected.

9. It is directed that the trial Court shall conclude the trial as early as possible preferably within a period of six months. Sd/- (Rajani Dubey) Judge Ruchi