High Court Of ChhattisgarhMCRC/6544/2019allowed

Deepak Mandal v. State Of Chhattisgarh

2020-01-10Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6544 of 2019 • Deepak Mandal, S/o Dulal Mandal, Aged About 21 Years, CasteNamoshudra, R/o Premnagar Dharamjaigarh, P.S. and Tahsil Dharamjaigarh, District Raigarh Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh, Through: The S.H.O. Police Station Dharamjaigarh, District Raigarh Chhattisgarh. ---- Respondent For Applicant : Mr. Ashok Kumar Shukla, Adv.

For Respondent/State : Mr. Anil Tripathi, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 10.01.2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 45/2019 registered at Police Station Dharamjaigarh, District - Raigarh (C.G.) for the offence punishable under Sections 306, 34 of I.P.C.

2. The prosecution story, in brief is that, it is alleged that the present applicant got married with the deceased one year back and after marriage some disputes arose between the spouses, it is further alleged that due to the ill treatment on the part of the present applicant the deceased has committed suicide by consuming poison at her parental house. Thereafter, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. The applicant is in jail since 22.09.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the applicant is in jail since 22.09.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/-, with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Ruchi