Avinash Gop v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5229 of 2016 • Avinash Gop S/O Shri Vinay Gop Aged About 19 Years R/O. Barapal, P.S. Dumri, District : Gumla (Jharkhand) Presently Resided At Ramanujganj, Distt. Balrampur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through : Station House Officer, Police Station - Patna, District Korea Chhattisgarh ---- Respondent ------------------------------------------------------------------------------------------------- For Applicant :

Mr. P.K. Patel, Advocate For Respondent/State :

Mr. Anil S. Pandey, Govt. Advocate.

-------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 06-09-2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 22-01-2016 in connection with Crime No. 175 of 2015, registered at Police Station Patna, District Korea (CG) for the offence punishable under Sections 306, 34 of the IPC and Section 3 (1)(x)of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Case of the prosecution, in brief, is that the deceased Soniya has committed suicide by hanging on 27-1-2015. It is alleged that the applicant along with other co-accused persons had exchanged abusive e-mail with respect to the girl and subsequently as a result of which she committed suicide.

3. Learned counsel appearing for the applicant would submit that the dying declaration of the deceased was recoded in which she has not attributed any allegation against this applicant. He would

further submit that similarly placed other co-accused has been granted bail vide order dated 28-06-2016 passed by this Court in M.Cr.C.No. 2750 of 2016, therefore, the applicant may also be released on bail on the ground of parity.

4. Per contra, learned State counsel opposes the prayer for grant of bail, however, he does not dispute the fact that the case of the applicant is similar to the case of co-accused who has been granted bail by this Court.

5. I have heard learned counsel for the parties and have also perused the case diary and the documents.

6. Taking into consideration the facts and circumstances of the case, nature of allegation leveled against the applicant and considering the fact that charge-sheet has been filed, the applicant is in jail since 22-1-2016 and further considering the fact that similarly placed co-accused has been granted bail, I am inclined to release the applicant on bail.

7. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju