High Court Of ChhattisgarhMCRC/6745/2016allowed

Vinod Kumar Sidar v. State Of Chhattisgarh

2016-11-02Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6745 of 2016 • Vinod Kumar Sidar S/o Barat Ram Sidar Aged About 28 Years R/o Village Chantipali, Police Station Baramkela, District Raigarh, Chhattisgarh. --- Petitioner

Versus

• State of Chhattisgarh Through Station House Office, Police Station Baramkela, District Raigarh, Chhattisgarh. --- Respondent For the applicant :

Mr. Raghavendra Pradhan, Advocate For the Respondent :

Ms. Sunita Jain, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 02.11.2016

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. 45 of 2016 registered at P.S. Baramkela, Distt. Raigarh (C.G) for the offence punishable under Section 306 of IPC.

2. As per the prosecution case, on 29.04.2016 the wife of applicant namely Kaushalya committed suicide by setting herself ablaze. It is alleged that the present applicant being husband tortured and abetted her to commit suicide, thereby she committed suicide.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated and out of wedlock, one daughter was also born and only on presumption, the allegations have been attributed. It is further submitted that the charge sheet has been filed and the applicant is in jail since 17.06.2016, therefore, he may be enlarged on bail.

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

5. Perused the case diary as also the statements of father of deceased Baisakhu and brother of deceased Rishi Kumar.

6. Taking into such statements of father and brother of deceased as also the fact that the charge sheet has been filed, without any further observation on merits of the case, 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 till disposal of the trial.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o