High Court Of ChhattisgarhMCRC/8200/2019allowed

Jawahar Lal v. State Of Chhattisgarh

2020-01-03Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8200 of 2019 • Jawahar Lal S/o Shri Mohit Ram Sahu Aged About 51 Years R/o Village Tundari, Police Station Bilaigarh, District Balodabazar, Chhattisgarh., District :

Balodabazar-Bhathapara, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Suhela, District Balodabazar, Chhattisgarh., District : BalodabazarBhathapara, Chhattisgarh ---- Respondent For Applicant :

Shri Himanshu K.Sharma, Advocate.

For Objector ;

Shri U.P.S. Sahu, Advocate For Respondent :

Shri Akhtar Hussain,P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 03/01/2020

1. 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.298/2019 registered at Police Station - Suhela, District Balodabazar(C.G.) for the offence punishable under Sections 306, 34 of the IPC.

2. It is the case of the prosecution that deceased Hanuman Sahu committed suicide on account of abetment by his wife and the present applicant.

3. Learned counsel for the applicant submits that the applicant is a govt. servant and he has no concern with the deceased and due to enmity he has been falsely implicated in the crime in question. He submits that though the deceased has left a

suicidal note but there is no mention about the torture given by the applicant on account of which he has committed suicide. He further submits that as the applicant is in custody since 16.11.2019 and the trial is likely to take some time for its final disposal, he may be released on bail.

4. On the other hand, counsel for the State as well as counsel for the Objector oppose the bail application.

5. Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and the applicant is a govt. servant, I am of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

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

7. It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

8. Certified copy, as per rules.

Sd/ (Rajani Dubey) Judge sunita