Rambhajan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8295 of 2016 Rambhajan, S/o. Devnath, Aged About 57 Years, R/o. Pakkadhauda, Khongapani, Civil & Revenue District- Koria, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through the Station House Officer, Police Chowki Khongapani, Police Station- Jhagrakhand, Civil & Revenue District- Koria, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Dr. N.K.Shukla, Sr. Advocate with Mr. Shiv Shankar Tiwari, Advocate For Respondent :

Mr. U.K.S.Chandel, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 02/01/2017 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.186/2016 registered at Police Chowki- Khongapani, Police StationJhagrakhand, District Koria (C.G.) for the offence punishable under Section 306, 193, 196 r/w 34 of Indian Penal Code. 2.

Case of the prosecution, in brief, is that on 13.04.2013 one Ramanuj Sharma committed suicide by hanging and it is alleged that one Harilal had made a complaint which was inscribed by the present applicant, thereby he has assisted Harilal and false allegations have been attributed against the deceased for which the deceased was abetted to commit suicide.

3.

Learned counsel for the applicant would submit that no evidence is available against the present applicant and only on the false

allegation, the applicant has been inculpated; therefore, he 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. The incident is of 2013. Considering the facts and circumstances, nature of allegation against the applicant and the fact that the applicant is in jail since 29.11.2016, 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