Santaram Pal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6247 of 2016 Santaram Pal S/o Dhansai Pal Aged About 50 Years R/o Village Khairi, Police Station & Tahsil Chhuikhadan, District Rajnandgaon Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Chhuikhadan, District Rajnandgaon Chhattisgarh (Wrongly Mentioned As Through Collector, Rajnandgaon Chhattisgarh ---- Respondent For applicant - Smt. Fouzia Mirza, Advocate. For Respondent/State - Shri Neeraj Sharma, Dy.G.A. For objector - Shri Abhishek Sharma, Advocate. Hon'ble Shri Justice Goutam Bhaduri Order 7/10/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.175/2016 registered in Police Station Chhuikhadan, Distt. Rajnandgaon (C.G.) for offence punishable under section 306 of Indian Penal Code.

2.

As per the prosecution case, one Madhupal committed suicide by setting herself ablaze on 30/05/2016. It is alleged that the present applicant who is father of friend of the deceased has stated in the public in the village that the deceased used to talk on mobile with different boys and used to roam around and thereby her character was assasinated in the village. Consequently, she committed suicide.

3.

Learned counsel for the applicant submits that applicant has been falsely implicated, the friend of the deceased who is daughter of the applicant had given mobile for charging and it was kept by her mother. Subsequently, when mobile was returned, some altercation took place that resulted into commission of suicide, same cannot be attributed to any abetment, therefore

the applicant may also be released on bail.

4.

Learned State counsel and counsel for the objector opposes the prayer for grant of bail.

5.

Perused the case diary, documents as also dying declaration. Considering the facts and circumstances of the case and the dying declaration, without further observation on merits, 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. Certified copy today.

Sd/- (Goutam Bhaduri) JUDGE gouri