High Court Of ChhattisgarhMCRC/8445/2020allowed

Dr. Komal Rai v. State Of Chhattisgarh

2021-02-18Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 8445 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8445 of 2020 • Dr. Komal Rai S/o Purushottam Rai Aged About 33 Years R/o Veterinary Doctor, Nagpur, Police Station Podi, District Korea Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Podi, District Korea Chhattisgarh.

---- Respondent For Applicant :- Mr. Harshwardhan Jaiswal, Advocate For Respondent-State :- Mr. Rajendra Tripathi, PL Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 18/02/2021

1. Heard.

2. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.127/2020, registered at Police Station Podi, District Korea Chhattisgarh (wrongly mentioned as PS Kelhari, District Korea C.G. in the rejection order) for the offence punishable under Section 306 of the I.P.C.

3. Case of the prosecution, in brief, is that deceased Pooja Jaiswal was married with some other person about 5 years back, however, she did not pull on well with her husband and after separation she started residing at her parental house where she

MCRC No. 8445 of 2020 came in contact with present applicant and an affair started between them. On 11.09.2020, applicant and deceased Pooja Jaiswal were found in an objectionable position in the house of the deceased. Parents and brother of the deceased scolded the applicant whereafter he assured them that he will marry the deceased but subsequently, he refused to marry which disturbed the deceased and she committed suicide.

4. Learned State counsel would oppose the prayer for grant of bail.

5. The applicant was not present at the time of commission of suicide which took place in a different village, therefore, considering that he is in jail since 3.11.2020 and the charge-sheet has already been filed, I am inclined to release the applicant 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.50,000/- 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. Certified copy as per rules.

SD/- (Prashant Kumar Mishra) Judge Ayushi