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High Court Of ChhattisgarhMCRC/5981/2019allowed

Manu Painkra And ANR. v. State Of Chhattisgarh

2019-11-21Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5981 of 2019 • Manu Painkra And Anr. S/o Narayan Painkra Aged About 30 Years R/o Village Hadipani, Police Station And Tahsil Lailunga District Raigarh Chhattisgarh.

• Dhani Painkra S/o Budheshwar Painkra Aged About 32 Years R/o Village Hadipani, Police Station And Tahsil Lailunga, District Raigarh Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh Through Officer In Charge Police Station Lailunga District Raigarh Chhattisgarh.

---- Respondent For Applicants : Shri Ashutosh Mishra, Advocate For Respondent/State : Shri Anurag Verma, PL Hon'ble Smt.Justice Rajani Dubey Order On Board 21/11/2019 The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No.67/2019 registered at police station Lailunga, district Raigarh (CG) for the offence punishable under Sections 306 IPC.

As per prosecution case, deceased Prakash Paikara got married to one Leelawati Paikara on 10.03.2019. The next day, family members and the villagers convened a meeting where the couple was also called. It is alleged that they beat the deceased and demanded to

pay Rs. 60,000/- and being aggrieved, he committed suicide by hanging himself.

Counsel for the applicants submits that the applicants have been falsely implicated in the crime and that similarly placed co-accused persons have been granted bail by this Court in M.Cr.C. Nos. 3316 and 3383/2019 vide order dated 24.07.2019 and therefore they may also be granted the benefit. He submits that the applicants are in jail since 11.04.19 and looking to the conduct of the prosecution, it is clear that the trial will take time for its conclusion and therefore they may be released on bail.

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

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicants, I am inclined to release them on regular bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicants' furnishing a personal bond in the sum of Rs.25,000/- each with one surety for the like sum to the satisfaction of the concerned Court, they shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna