High Court Of ChhattisgarhMCRC/6795/2019allowed

Lal Singh v. State Of Chhattisgarh

2019-11-21Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6795 of 2019 • Lal Singh S/o Banarasi Singh Aged About 30 Years R/o Caste Gond, Occupation Laborer / Agriculture, R/o Village Sonvahi, Chowk Latori, Police Station Jainagar, Tehsil And District - Surajpur Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Outpost Latori Police Station Jainagar District Surajpur Chhattisgarh. ---- Respondent For Applicant :

Mr. Nishi Kant Sinha, Advocate.

For Respondent :

Mr. Akhtar Hussain, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 21/11/2019 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 201/2018 registered at Police Station - Jainagar District Surajpur (C.G.) for the offence punishable under Section 306 of IPC.

• The prosecution story in brief is that, on 24.07.2019 the deceased committed suicide. During investigation, statements of relatives of the deceased were recorded, and it came in the light that applicant used to torture his wife, due to which, she committed suicide. Thereafter, offence has been registered against the applicant and he was arrested on 23.08.2019.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the statement of father of the deceased in 161 Cr.P.C was recorded after one month and based on

this the applicant was arrested. Applicant is in jail since 23.08.2019, therefore, the present applicant may be released on bail.

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

• I have heard learned counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the fact that the applicant is in jail since 23.08.2019 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.

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

Sd/- (Rajani Dubey) Judge Vijay Sahu