Allowed

Navrang Das Mahant v. State of Chhattisgarh

Chhattisgarh HC15 Jun 2022MCRC/1511/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a first bail application under Section 439 CrPC, granting regular bail to an applicant detained since January 2021 for alleged offences related to suicide under Section 306 IPC, noting the affidavit of the deceased's brother.

What did the court decide?

Bail granted; release on regular bail on furnishing a bond of Rs. 10,000 with one surety in like sum.

Navrang Das Mahant Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2022)

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NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1511 of 2022

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Navrang Das Mahant S/o Ajar Das, Aged About 27 Years R/o Village Girari, Police Station Shyang, Tahsil Kartala, District Korba, Chhattisgarh.

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---- Applicant

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Versus

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State of Chhattisgarh Through Station House Officer, Police Station Shyang, District Korba Chhattisgarh.

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--- Respondent

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For Applicant : Mr. Anil Tripathi, Advocate. For State : Mr. BL Sahu, PL.

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Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board

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15/06/2022

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This is First bail application of applicant filed under Section 439 of Code of Criminal Procedure for grant of regular bail, who is in jail since 11.01.2021 in connection with Crime No.02/2021, registered at PS -Shyang, District Korba, (C.G.), for commission of offence punishable under Sections 306 of Indian Penal Code.

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Prosecution case is that on 12.10.2020, applicant has outrage the modesty of prosecutrix (deceased). So the crime No.21/2020 for commission of offence punishable under Sections 354, 323, 506 of IPC was registered against the applicant and he was arrested. On 17.10.2020, prosecutrix has committed suicide by hanging herself based upon which, aforesaid offence has been registered against the applicant.

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Learned counsel for the applicant submits that applicant and prosecutrix were having love affairs. Due to pressure of her family, prosecutrix has lodged the earlier report/offence against present applicant and for which prosecutrix became annoyed with her family and committed suicide. Later on, when the said fact was realised by family members of deceased, brother of deceased (Sukhdev Chauhan) has filed affidavit in support of bail application of applicant. Applicant has never instigated the

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deceased to commit suicide. He is in jail since 11.01.2021, hence, he may be released on bail.

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Per contra, learned counsel for State opposes bail application of applicant.

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Heard counsel for the parties.

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Considering submissions of learned counsel for the parties, facts and circumstances of the case, nature of allegation, particularly considering affidavit of brother of deceased, the fact that applicant is in jail since 11.01.2021, without commenting anything on merits of the case, I am inclined to grant bail to the applicant.

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Accordingly, bail application of applicant is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to the satisfaction of Court on the conditions that-

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a) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court.

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c) Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial.

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d) Applicant shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

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e) If applicant is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail. Certified copy as per rules.

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Sd/(Deepak Kumar Tiwari)

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Judge

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J/-

Navrang Das Mahant v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Navrang Das Mahant v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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