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High Court Of ChhattisgarhMCRC/7762/2021allowed

Mansu Netam v. State Of Chhattisgarh

2021-10-25Hon'Ble Shri Justice Deepak Kumar Tiwari2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.7762 of 2021 Mansu Netam S/o Late Lachhan Singh Netam Aged About 21 Years R/o Village Karrarmeta Kokral Para, Police Station- Dhanora, District- Kondagaon, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Police Station- Dhanora, District- Kondagaon, Chhattisgarh. ---- Non-Applicant For Applicant:

Shri Shobhit Koshta, Advocate.

For Non-Applicant/State :

Shri Vaibhav Kartik Agrawal, Panel Lawyer.

Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 25.10.2021 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the Applicant, who has been arrested in connection with Crime No.41/2021 registered at Police Station - Dhanora, District - Kondagaon, Chhattisgarh for the offence punishable under Section 306 IPC.

2.

Prosecution case in brief is that on 07.06.2021, the deceased Subhadra Nag committed suicide and on investigation, it was found that she was having an affair with the present Applicant, who refused to marry her as he was having affair with another lady. 3.

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 no offence under Section 306 IPC has been made out against him and therefore, he may be released on bail.

4.

Per contra, learned Counsel for the State opposed the bail application.

5.

Considering the facts and circumstances of the case, looking to the period of detention and that the trial of the case is likely to take sometime for its conclusion, I am inclined to grant regular bail to the Applicant. 6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7.

It is directed that the Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. In case any default is committed by the Applicant in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically. Sd/- (Deepak Kumar Tiwari) Judge Priya