Satyanaryana Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8057 of 2016 Satyanaryana Sahu, S/o. Mangloo Sahu, Aged About 60 Years, Caste - Kolta, R/o. Village - Ansula, Post Office & Police Station - Sankara, Tahsil - Pithoura, District - Mahasamund, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh, Through The Station House Officer, Police Station - Sankara, District - Mahasamund, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Shivendu Pandya, Advocate For Respondent :

Mr. Anupam Dubey, Dy. Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 19/12/2016 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 in connection with Crime No.85/2011 registered at Police Station- Sankara, District Mahasamund (C.G.) for the offence punishable under Section 306/34 of Indian Penal Code. 2.

Case of the prosecution, in brief, is that one Sumitra Bai committed suicide on 19.06.2011, she was married to the son of the present applicant and the present applicant is father-in-law. It is alleged that the applicant alongwith other co-accused has clamped allegations over the character of the deceased, thereby, she was abetted to commit suicide. Thereafter, the charge sheet was filed and two other co-accused were apprehended whereas this applicant was absconded.

3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated and the other co-accused after trial

have been convicted and have been discharged. He further submits that the present applicant thereafter surrendered before the Court and he is in jail since 23.10.2016 and no further investigation would be necessary, therefore, the applicant may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary and the documents. Considering the facts and circumstances of the case and taking into fact that the applicant appears to be 60 years of age and he is in jail since 23.10.2016, I am inclined to release the applicant on bail. 6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a 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. Sd/- (Goutam Bhaduri) Judge Ashok