High Court Of ChhattisgarhMCRC/5648/2015allowed

Amrit Vishwash v. State Of Chhattisgarh

2015-10-26Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5648 of 2015 • Amrit Vishwash, son of Late Udaishankar Vishwash, aged about 29 years, resident of Tipu Dhaba, near New Market, Mana Camp, Post Office & Police Station - Mana Camp, Raipur, District Raipur (C.G). ---- Applicant

Versus

• State of Chhattisgarh through the Station House Officer, Police Station Mana Camp, Raipur, District Raipur (Chhattisgarh). For the applicant :

Mr. Shivendu Pandya, Advocate For the Respondent :

Mr. Arvind Shukla, Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 26.10.2015

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 137/2015 registered at P.S. Mana Camp, Raipur, District Raipur (C.G) for the offence punishable under Section 306 IPC.

2. As per the prosecution case, deceased namely Saraswati Dutta committed suicide on 28.09.2014. It is further alleged that she committed suicide because the applicant neglected and refused to marry the deceased due to which her image was tarnished. The death was on 28.09.2014 and the FIR was made on 13.08.2015.

3. Learned counsel for the applicant submits that the applicant was friend of the deceased and the deceased was subjected to maltreatment by the staff of employer's office wherein she was working and that might have been the reason for commission of suicide and the applicant has not abetted the suicide. It is further submitted that the charge sheet has been filed and the applicant may be released on bail.

4. Per contra, learned State Counsel opposes the bail application and submits that the applicant refused to marry the deceased on 27.09.2014 and therefore, she committed suicide on 28.09.2014.

5. Having regard to the facts involved in this case and the charge has

been filed and considering the statement of the prosecution witnesses, without any observation on merits of the case, this Court is inclined to release the applicant on on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He is directed to appear before the said Court on each and every date given by the said Court.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao