Aman Singh Mori v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.(A) No. 1295 of 2018 Aman Singh Mori S/o Shri Chmriya Mori Aged About 37 Years R/o Karmachari Coloney, Simga, Thana - Simga, District Balodabazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Simga, District Balodabazar Bhatapara Chhattisgarh., District : BalodabazarBhathapara, Chhattisgarh. ---- Respondent For the Applicant :

Shri Manoj Chauhan, Advocate.

For the Respondent/State :

Shri Avinash K. Mishra, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

23.10.2018 1.

Heard on application under Section 438 of the Code of Criminal Procedure, 1973.

2.

This is the first bail application filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the applicant who is apprehending arrest in connection with Crime No. 258 of 2018 registered at police station Simga, District Balodabazar-Bhatapara, Chhattisgarh for the offence punishable under Section 306 of the Indian Penal Code. 3.

It is submitted by counsel for the applicant that the applicant has been falsely implicated in this case. No case of abetment to commit suicide is made out against the applicant. According to the FIR lodged in this case, the

deceased has committed suicide because of her own frustrations. Hence, it is prayed that the applicant be benefited with grant of anticipatory bail. 4.

Learned State counsel opposes the bail application and the submissions made in this respect.

5.

Heard counsel for both the parties and perused the case diary. 6.

The applicant and deceased - Mamta had performed love marriage in the year 2010. On 28.7.2018, the deceased committed suicide by hanging herself. Statement has been given by father of the deceased that the applicant used to doubt the chastity of the deceased for which he used to quarrel and beat her. Hence, this case.

7.

On perusal of the case-diary, it appears that the postmortem report of the deceased does not show any mark of injuries on her body and after considering all the circumstances present in the case-diary, I am of the considered opinion that the applicant deserves to be released on anticipatory bail.

8.

Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the Officer arresting him on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions:

'(i) that the applicant shall make himself available for interrogation before the Investigating Officer as and when required; (ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; (iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.'

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi