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High Court Of ChhattisgarhMCRC/5570/2017allowed

Shankerlal v. State Of Chhattisgarh

2017-11-21Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5570 of 2017 • Shankerlal S/o Dhanaram Aged About 48 Years Caste Satnami, R/o Mauja Aamakoni, Tahsil & Police Station Jaijaipur, District Janjgir Champa, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Jaijaipur, District Janjgir Champa, Chhattisgarh. ---- Respondent For Applicant :

Shri Yogeshwar Sharma, Advocate For Respondent-State :

Shri S.K. Mishra, PL for the State.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 21/11/2017

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 09.06.2017 in connection with Crime No. 84/2017 registered at Police Station Jaijaipur, District Jangir-Champa (CG) for the offence punishable under Section 306 of the I.P.C.

2. As per the prosecution case, on 09.03.2017 one Arti Bai committed suicide by hanging. She was married with the present applicant and it is alleged that after the marriage she was subjected to abetment as the applicant was in relation with another lady and he after consuming liquor used to abuse and assault the deceased. Consequently, the deceased committed suicide.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case, which would be evident from the statement of

the witness and no abetment has been caused. He would further submit that the charge-sheet in this case has been filed and no further investigation is necessary, therefore, the applicant may be released on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. Perused the statements of the father of the deceased. Considering the fact that charge-sheet in this case has been filed and the applicant is in jail since 09.06.2017, I am inclined to release the applicant on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- Goutam Bhaduri Judge Ashu