Sujeet Dutta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7720 of 2016 • Sujeet Dutta S/o Late Sapan Kumar Dutta, Aged About 27 Years R/o Chirmiri Chhoti Bazar Police Station Chirmiri District Koria Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House Officer, Chrimiri District Koria Chhattisgarh ---- Respondent ------------------------------------------------------------------------------------------------------------- For Applicant :

Mr. Ajay Ayachi, Advocate For Respondent/State :

Mr. Anil S. Pandey, Dy. Govt. Advocate ------------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 07-12-2016 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 27-10-2016 in connection with Crime No. 437 of 2015, registered at Police Station Chirmiri, District Koria (CG) for the offence punishable under Sections 306, 120-B, 218, 201, 34 of the IPC. 2.

As per prosecution case, deceased Pinki alias Salma, daughter of Jahid committed suicide on 16-12-2015. She was an employee in the Grant News Channel (City Cable) Baikunthpur, District Koria. Applicant herein namely Sujeet Dutta was also working with the deceased in the said Grand News Channel. It is alleged that a day prior to the incident, the applicant had abetted the deceased to commit offence and was party to such crime and thereby the aforesaid offence was committed.

3.

Learned counsel appearing for the applicant would submit that the applicant has been falsely implicated, no allegations have been attributed to the applicant that the applicant has abetted the deceased to commit suicide and only on presumption he has been inculpated. He would further submit that the case of the present applicant is similar to that of other co-accused

namely Ashish Gharami who has been granted bail vide order dated 16-52016 passed by co-ordinate Bench of this Court in M.Cr.C.No. 1907 of 2016, therefore, the applicant may also be released on bail on the ground of parity.

4.

Per contra, learned State counsel opposes the prayer for grant of bail, however, he does not dispute the fact that the case of the applicant is similar to the case of co-accused who has been granted bail by coordinate Bench of this Court. 5.

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

6.

Taking into consideration the facts and circumstances of the case, nature of allegation leveled against the applicant and considering the fact that charge-sheet has been filed, the applicant is in jail since 27-10-2016 and further considering the fact that similarly placed other co-accused has been granted bail, I am inclined to release the applicant on bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju