Bholu Oraon v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9739 of 2021 • Bholu Oraon S/o Ramesh Oraon, Aged About 25 Years R/o Ward No, 3 Gharghoda, Police Station And Tehsil Gharghoda, District Raigarh Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station In-Charge Police Station Gharghoda, District Raigarh Chhattisgarh.

---- Respondent For Applicant :- Mr. Anuroop Panda, Advocate For Respondent-State :- Ms. Reena Singh, PL Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 21/12/2021

1. The applicant has preferred this first bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.279/2021 registered in Police Station Gharghoda, Dist Raigarh for the offence punishable under Section 306 of the I.P.C.

2. Case of the prosecution, in brief, is that one year prior to the date of the incident, deceased Aradhana Chowhan and applicant were having a love affair. Due to some argument, the deceased and applicant stopped talking to each other. On the date of incident ie., on 12.8.2021, the applicant sent abusive messages to the deceased and threatened her to send their

private photographs to her uncle and relatives due to which the deceased committed suicide by hanging.

3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated. He would further submit that applicant has not sent any threatening messages to deceased. There was love affair between the deceased and applicant which was not accepted by the family members of the deceased. It is submitted that in the WatsApp Chatbox, applicant himself requested the deceased to not take such steps, therefore, he may be enlarged on bail.

4. Per contra, learned State counsel would oppose the prayer for grant of bail.

5. Considering the facts and circumstances of the case particularly considering the fact that applicant is in jail since 26.8.2021, without commenting anything on merits, this Court is inclined to release the applicant on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on executing a personal bond for a sum of Rs.10,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. Certified copy as per rules.

SD/- (Deepak Kumar Tiwari) Judge Ayushi