Rajesh Lakda v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8399 of 2019 • Rajesh Lakda S/o Bagarsai Lakda Aged About 40 Years CasteUraon, R/o- Domanhil, Shiv Mandir Dafai, Driver Colony, Chirmiri, District- Koriya, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : The Station House OfÏcer, Police Station- Baikunthpur, District- Koriya, Chhattisgarh. ---- Respondent For Applicant :

Mr. Shivendu Pandya, Adv.

For Respondent/State :

Mr. Akhtar Hussain, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 07/02/2020

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. 196/2019 registered at Police Station-Baikunthpur, District - Koriya (C.G.) for the offence punishable under Section 306 of the IPC.

2. The brief facts of the prosecution, is that, on 18.12.2018 at about 9:00-10:00 pm., deceased Smt. Budhan Lakda who was married with the present accused/applicant prior 15 years, committed suicide by taking Kaner seed. It is alleged that the present applicant harassed the deceased on account of doubt on deceased's character. Due to this harassment, the deceased committed suicide. A merg intimation report was lodged by the police. Based on this, 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. He further submits that the applicant is in jail since 15.09.2019, 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, detention period of applicant and further considering the facts that the applicant is in jail since 15.09.2019 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 H.L. Sahu