Allowed

Babulal v. State of Chhattisgarh

Chhattisgarh HC4 Aug 2020MCRC/966/2020

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a bail application filed under Section 439 CrPC for an applicant detained under Section 306 IPC. Considering the lengthy custody and prosecution conduct, the court directed release on regular bail upon furnishing a bond and one surety, unless bonds were already furnished due to a Supreme Court order on COVID-19.

What did the court decide?

Release on regular bail upon furnishing a personal bond of Rs. 25,000 with one surety for the like sum.

Babulal Vs State of Chhattisgarh — Murder and Culpable Homicide | Chhattisgarh HC (2020)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 966 of 2020

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Babulal, S/O. Rama, Aged about 39 Years, R/o. Villge Akhorakala, Police Chowki Latori, PS Jainagar, District Surajpur CG

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---- Applicant

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Versus

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State Of Chhattisgarh Through Incharge of Police Chauki Latori, Police Station Jainagar, District Surajpur Chhattisgarh.

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---- Respondent

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For Applicant : Ms. Priyanka Mehta, Advocate For Respondent/State : Shri H.S.Ahluwalia, Dy.AG

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Hon'ble Smt. Justice Rajani Dubey

Order On Board

04/08/2020

Heard on admission.

Admit.

The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.334/2019 registered at police station Jainagar District Surajpur (CG) for the offence punishable under Section 306 IPC.

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As per prosecution case, deceased Sonamati, wife of the applicant committed suicide by consuming poison. It is alleged that

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she was admitted in the Mission Hospital for treatment where she died after five days of the incident. It is alleged that the applicant used to harass her and also beat her under suspicion about her character.

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Counsel for the applicant submits that the applicant has been falsely implicated in the case. He further submits that the applicant is in jail since 10.12.2019; charge sheet has been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.

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

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Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.

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It is directed that in the event of the applicant’s furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

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It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnishing in view of the order passed by the High Power Committee constituted in compliance of the order of the Supreme Court of India dated 23.03.2020 in the matter of In Re: Contagion of COVID 19 Virus in Prisons (Suo Moto Writ Petition (C) No. 1/2020), he need nod furnish bail bonds afresh and the bail bonds already furnished shall be deemed to be the bail bonds furnished in compliance of the order of this Court, but if he has

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not furnished the bail bonds earlier, then he will be required to furnish bail bonds within four weeks' from today.

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Sd/(Rajani Dubey) Judge

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suguna

Babulal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Babulal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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