High Court Of ChhattisgarhMCRC/6416/2016allowed

Jitendra Singh v. State Of Chhattisgarh

2016-10-19Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6416 of 2016 • Jitendra Singh S/o Ramprasad Aged About 22 Years R/o Village Tara, Outpost Tara, Police Station Premnagar, District Surajpur, Chhattisgarh.

--- Petitioner

Versus

• State of Chhattisgarh through Station House Officer, Outpost Tara, Police Of Police Station- Premnagar, District- Surajpur, Chhattisgarh. ---- Respondent For the applicant :

Mr. Anil Gulati, Advocate For the Respondent :

Mr. Anant Bajpai, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 19.10.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 77 of 2016 registered at Police Outpost Tara, P.S. Premnagar, Distt. Surajpur (C.G) for the offence punishable under Section 306 of IPC.

2. As per the prosecution case, deceased Shridevi was married to one Virendra Nagariya. Thereafter she came back to maternal home where she developed relations with the present applicant and subsequently when the applicant refused to marry she committed suicide by consuming poison on 05.07.2016.

3. Learned counsel for the applicant would submit that no case of abetment is made out against the present applicant. He further submits that the deceased was already married and therefore, the applicant could not perform marriage with the

deceased and perhaps that was the one of the reasons for the deceased to commit suicide and the applicant has not committed any crime. He further submits that the charge sheet has been filed and the applicant is in jail since 22.07.2016, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary and the documents.

6. Considering the facts and circumstances of the case and the nature of allegations levelled against the applicant as also the fact that the charge sheet has been filed and the applicant is in jail since 22.07.2016, I am inclined to allow this bail application.

7. Accordingly, the bail 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 concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o