High CourtsSingle Bench

Tobhan Sahu vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 16 April 2018 · Citation: (2018) 04 CHH CK 0179

HON’BLE JUDGES
GOUTAM BHADURI, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 306
RESULT
Allowed
CASE NUMBER
MCRC No. 1111 of 2018
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Judgment

14 paragraphs · 268 words
1.

This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been

arrested on 10.12.2017 in connection with Crime No. 406/2017 registered at Police Station Kawardha, District- Kabirdham (CG) for the offence

punishable under Section 306 IPC.

2.

As per the prosecution case, on 07.12.2017 one Yamini Chandrakar committed suicide by hanging. It is contended that the present applicant was is

in love relation with the deceased on the date of incident quarreled with the deceased, thereby the applicant has abeted the deceased to commit

suicide. Thereby the offence has been committed.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated and there is no abetment by the present applicant, therefore,

the applicant may be released on bail.

4.

Per contra, learned State counsel and counsel for the objector oppose the prayer for grant of bail.

5.

Perused the statement of one Kumari Shiv Rani. Considering her statement and also taking into that the charge-sheet has been filed in this case and

no further investigation is necessary and also taking into that the applicant is in jail since 10.12.2017, I am inclined to release the applicant on bail.

6.

Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in 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 trial Court on each and every date given by the

said Court.