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High Court Of ChhattisgarhMCRC/6819/2018allowed

Narendra Yadav v. State Of Chhattisgarh

2018-10-11Hon'Ble Smt. Justice Vimla Singh Kapoor2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6819 of 2018 • Narendra Yadav S/o Vishal Yadav Aged About 28 Years R/o Tikrapara Sirsakala, Police Station Purani Bhilai, District Durg, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through S.H.O.Police Station Purani Bhilai District Durg, Chhattisgarh.

----Non-applicant For Applicant :

Mr. B.P. Singh, Advocate For Respondent/State : Mr. Gary Mukhopadhyay, Dy. G.A.

Hon'ble Smt. Justice Vimla Singh Kapoor order On Board 11/10/2018 1.

The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of bail as he is in custody since 16.01.2018 in connection with Crime No.08/2018 registered at Police Station Purani Bhilai, District Durg (C.G.) for the offence punishable under Sections 304B and 306 of the IPC. 2.

As per the prosecution case, deceased Soniya Yadav was the wife of the applicant and who died on 28.12.2017 by hanging herself. 3.

Counsel for the applicant submits that the applicant has been falsely implicated in the case and is languishing since 16.01.2018. He submits that the parents of the accused have already been enlarged on bail by this court vide order dated 02.07.2018 passed in MCRC No. 4078 of 2018, though the allegations made against them were the same.

4.

On the other hand, State counsel opposes the bail application.

5.

I have heard learned counsel for the parties and perused the record.

6.

Considering the totality of the facts and circumstances of the case, in particular the nature of allegation against the applicant and the fact that the co-accused persons have already been released on bail as already mentioned above, this Court is of the opinion that it is a fit case to release the applicant on bail. 7.

Accordingly, the application is allowed and the accused/applicant is directed to be released on bail on his furnishing a personal bond of Rs. 2,00,000/- with one surety for the like sum to the satisfaction of the concerned Court for his appearance before it as and when directed.

8.

The trial Court is directed to expedite the trial. Sd/- (Vimla Singh Kapoor) Judge PAWAN