Kapildev v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5129 of 2016 Kapildev S/o - Sohar Sai, Aged About 30 Years, Caste - Bhariya, R/o - Village - Dhanras, Post - Churi, P.S. & Tehsil - Katghora, Civil & Revenue Distt. Korba Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through - Incharge, Police Station - Katghora, Distt. Korba Chhattisgarh ---- Respondent For applicant - Shri Anand Shukla, Advocate. For Respondent/State - Shri Anupam Dubey, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 5/09/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.158/2016 registered in Police Station Katghora, Distt. Korba (C.G.) for offence punishable under sections 306 of IPC.

2.

As per the prosecution case, one Sushila Bai committed suicide by hanging on 15/05/2016. She was married to the applicant in the year 2007 and she was subjected to abetment and torture because she was not able to conceive the child. Consequently, she committed suicide for abetment caused by the applicant.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. The deceased used to write diary wherein no allegations have been attributed against this applicant, she herself committed suicide for the fact that she was not able to conceive, therefore the applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the case diary and the documents as also contents of the diary. Considering the facts and circumstances and the evidence which is

available, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri