Virendra Lodhi v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5477 of 2016 Virendra Lodhi S/o Shri Shyamlal Lodhi, Aged About 32 Years, R/o Khapri Darbar, Thana / Tahsil - Chhuikhadan, Revenue / Civil Distt. Rajnandgaon Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through : District Magistrate (Collector), Thana - Chhuikhadan, Distt. Rajnandgaon Chhattisgarh ---- Respondent For applicant - Shri Samir Singh, Advocate. For Respondent/State - Shri Anil S. Pandey, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 16/09/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.144/2016 registered in Police Station Chhuikhadan, Distt. Rajnandgaon (C.G.) for offence punishable under section 306/34 of Indian Penal Code.

2.

As per the prosecution case, on 6/04/2016 one Radhika Bai committed suicide by setting herself ablaze and she died on 12/04/2016. The applicant is the husband of said deceased Radhika Bai. Thereby, the offence is committed.

3.

Learned counsel for the applicant submits that on the trivial issue some dispute took place and ultimately deceased committed suicide and the applicant have not abetted commission of crime. It is further submited that charge sheet has been filed and in dying declaration no allegations have been attributed to the applicant, therefore the applicant may be released on bail.

4.

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

Perused the dying declaration of the deceased and also statement of her son namely Surya Kumar. Taking into consideration the facts and

circumstances of the case and further considering the dying declaration of the deceased and also the statement of son of the deceased and also the fact that charge sheet in this case has been filed and the applicant is in jail since 27/06/2016, 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