Anil Prajapati v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8167 of 2019 • Anil Prajapati S/o Rajendra Prasad Prajapati Aged About 32 Years R/o Village Sanjoya, Police Station Krishnagarh, District Ara (Bihar), At Present Camp-2, Santoshipara, Vivekanand Nagar, Bhilai, Police Station Chhawani, Tahsil And District Durg, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through The District Magistrate Durg, Chhattisgarh.

---- Respondent For Applicant.

:

Mr. G.R. Burman Advocate.

For Respondent/State :

Ms. Reena Singh, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 10.02.2020

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. 611/2019 registered at Police Station - Chhawani, District Durg (C.G.) for the offence punishable under Section 306 of IPC.

2. The allegation against the present applicant is that he had illicit relations with the other girl of the locality, due to that applicant used to harass, threat and assault his wife (deceased), on account of which, she committed suicide by hanging herself. Based on that, offence has been registered against the applicant and he has been arrested.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He

next submits that he neither has illicit relations with any girl nor committed mar-peet with his wife. Applicant is in jail since 19.10.2019 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this court, therefore, the present applicant may be released on bail.

4. Per contra, State counsel 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, as the applicant is in jail since 19.11.2019 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 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