Allowed

Sakharam Yadav v. State of Chhattisgarh

Chhattisgarh HC4 Jul 2022MCRC/5265/2022

Case brief

AI extract

What is this about?

In a second bail application under CrPC 439 for Section 306 IPC offence, the Hon'ble High Court of Chhattisgarh released the applicant on bail on personal bond and surety, noting the prolonged detention and weak prosecution case without further comments on merits.

What did the court decide?

Applicant released on bail on personal bond of Rs. 20,000/- with one solvent surety for like amount.

Sakharam Yadav Vs State of Chhattisgarh — Murder and Culpable Homicide | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 5265 of 2022

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Sakharam Yadav S/o Shri Makunda Yadav, aged about 35 years, R/o Village: Parsada, Police Chauki- Naila, Police Station: Janjgir, Civil and Revenue District: Janjgir Champa, Chhattisgarh

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---- Applicant

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Versus

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State of Chhattisgarh through The Station House Officer, Police Station: Janjgir, Civil and Revenue District: Janjgir Champa, Chhattisgarh

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---- Respondent

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__________________________________________________________________

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For Applicant : Mr. Paras Mani Shriwas, Advocate

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For Respondent/State : Mr. Ravipal Maheshwari, P.L.

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Hon'ble Shri Justice Arvind Singh Chandel Order On Board

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04.07.2022

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The applicant has preferred this second bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 616/2021, registered at Police Chauki: Naila, Police Station–Janjgir, District- Janjgir-Champa (C.G.) for the offence punishable under Section 306 of IPC.

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First bail application was dismissed as withdrawn with liberty to revive the same after examination of material witnesses before the Trial Court vide order dated 30.03.2022 passed in MCRC No.600 of 2022.

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In this case, the name of the deceased is Ambika Yadav. Marriage of the deceased along with her husband/applicant solemnized 15 years ago. Out of their wedlock two children were born. According to the case of prosecution, after some days of marriage, the applicant on suspicion upon character of his wife, treated cruelty with her and on 06.11.2021 deceased/wife without informing the applicant left her matrimonial house. Due to this, the applicant also doubted her character and the deceased/wife committed suicide by hanging herself on 08.11.2021. On the basis of said offence was registered and the present applicant was arrested on 11.12.2021.

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Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the case. He submits that Prima Facie no case is made out against the applicant. There is no evidence available on record due to which it can be said that the applicant instigated the deceased for committing suicide by any manner. The applicant is Branch Manager of Bandhan Bank, posted at Dhamtari. On the date of incident also he was not present in his house. Material Witnesses namely PW-1, Mahaveer Yadav and PW-2 Shanti Bai were examined before the concerned Trial Court and PW-1 Mahaveer Yadav had not supported the case of prosecution and the statement of PW-2 Shanti Bai is also suspicious. Learned counsel further submits that the applicant is in jail since 11.12.2021 and trial is likely to take some more time. Therefore, he may be released on bail.

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Per contra, learned counsel appearing on behalf of the State opposes the bail application.

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I have heard learned counsel for the parties.

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Considering the facts and circumstances of the case, particularly considering the detention period of the applicant. Without further

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commenting on other merits of the case, I am inclined to release the applicant on bail.

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Accordingly, the bail application is allowed.

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It is directed that the applicant be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

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Sd/-

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(Arvind Singh Chandel) Judge

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Saurabh

Sakharam Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sakharam Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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