High Court Of ChhattisgarhMCRC/7793/2021allowed

Human Lal Sahu v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7793 of 2021

1. Human Lal Sahu, S/o Bannu Sahu, aged about 24 years, R/o Village Baliyara, Police Station Arjuni, Tahsil and District Dhamtari (CG) ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Arjuni, District Dhamtari (CG) ---- Non-Applicant For Applicant : Shri Sanjeev Kumar Sahu, Advocate.

For Non-Applicant : Shri Devesh Chandra Verma, Govt. Advocate.

Hon'ble Shri Deepak Kumar Tiwari, J Order On Board /10/2021 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.203/2021 registered in Police Station Arjuni District Dhamtari for offence under Section 306 of the IPC.

2. Case of the prosecution, in brief, is that deceased Ashwini Sahu is the wife of the accused/applicant. She consumed kerosene oil for committing suicide on 17.6.2021, for which she was hospitalized at Gupta Hospital, Dhamtari. During treatment, she died on 23.6.2021. After investigation offence was registered.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in the case. The deceased was mentally ill and

he was also not present at the place of occurrence. He is in jail since 25.7.2021. The applicant's daughter is aged about 4 years and no-one is at home to look after her. Therefore, the applicant may be released on bail.

4. On the other hand, learned State Counsel opposes the bail application on submission that at the time of death the deceased was carrying pregnancy of 6-7 months.

5. Considering the facts and circumstances of the case and the fact that the applicant himself had taken the deceased to the hospital and looking to the nature of evidence, this Court is of the view that the applicant can be enlarged on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.10,000/- with one surety for 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.

Sd/- (Deepak Kumar Tiwari) Judge Barve