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High Court Of ChhattisgarhMCRC/6067/2019allowed

Bihari Lal v. State Of Chhattisgarh

2019-11-19Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6067 of 2019 • Bihari Lal S/o Amardas Aged About 37 Years R/o Village Taktoiya Thana Kukdur, Tahsil- Pandariya, District- Kabirdham, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer Police Station Kukdur, District- Kabirdham, Chhattisgarh.

---- Respondent For Applicant :

Mr. N.K. Malaviya, Advocate.

For Respondent :

Mr. Vinod Kumar Tekam, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 19/11/2019 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 41/2019 registered at Police Station - Kukdur District Kabirdham (C.G.) for the offence punishable under Section 306 of IPC.

• The prosecution story in brief is that, owing to having illicit relations with other women of village Navapara, applicant started hurling abuses and committing marpeet with his wife (deceased) in the state of intoxication, as a result, applicant's wife committed suicide. Thereafter, offence has been registered against the applicant and he was arrested on 17.05.2019.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the applicant is in jail since 17.05.2019, therefore, the present applicant may be released on bail.

• On the other hand, counsel for the State opposes the bail application.

• I have heard learned counsel for the parties and perused the case diary.

• Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, further considering the detention period of the applicant and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed. • Accused/applicant is directed to be released on bail on his executing a personal bond in the 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 said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu