First bail application filed under Section 439 Cr.P.C. for regular bail in a Section 306 IPC case involving abetment to suicide. Court granted bail directing personal bond and two sureties.
Application under Section 439 CrPC allowed; applicant to be released on execution of personal bond for Rs. 50,000 with two sureties.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 1210 of 2023
---- Applicant
Versus
---- Respondent
---------------------------------------------------------------------------------------------- For Applicant : Mr. Sushil Dubey, Advocate For Respondent/State : Mrs. M. Asha, Panel Lawyer For Objector/complainant : Mr. Abhishek Saraf, Advocate ----------------------------------------------------------------------------------------------
Hon'ble Shri Justice N.K. Chandravanshi Order On Board
19.4.2023
1 . This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 11.01.2023 in connection with Crime No.42/2022 registered at Police Station Ambikapur Distt. Surguja (C.G.), for the offence punishable under Section 306 of the Indian Penal Code.
2. Allegation against the applicant in the instant case is that due to his continuous harassment towards his wife Sandhya for demand of money from her parents, she committed suicide by hanging at her matrimonial home.
3. Learned counsel for the applicant submits that marriage between the parties was solemnized in the year 2009 and they have been blessed with two children, i.e. a daughter aged about 12 years and a son aged about 09 years and they were living with the applicant and the deceased. It is further stated that the applicant had never tortured the deceased for money and both the children have not stated anything against the applicant. It is next submitted that the evidence collected by the police do not show that it is a case of abetment to commit suicide. Further the applicant is in jail
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since 11.01.2023 and charge sheet has been filed, hence, he may be granted bail.
4. Per contra, learned counsel for the State, who is well supported by counsel for the objector/complainant/father of the deceased would submit that the applicant was continuously harassing the deceased to bring money from her parents and fulfill his demand. The applicant used to assault the deceased many times and due to such torture, she committed suicide. Learned counsel for the State further stated that earlier FIR under Section 386 IPC was registered against the applicant for kidnapping son of his own relative, hence, his bail application is liable to be dismissed.
5. In reply, learned counsel for the applicant would submit that in the aforesaid case registered under Section 386 IPC, vide order dated 10.5.2016, the applicant has been acquitted by Judicial Magistrate First Class, Ambikapur Distt. Surguja .
6. I have heard learned counsel for the parties, perused the case diary and material available on record.
7. Having regard to facts and circumstances of the case, nature and gravity of the offence and the evidence collected by the prosecution against the applicant and further the detention period of the applicant, without commenting anything on the merits of the case, I feel inclined to grant bail to the applicant. Therefore, the application under Section 439 of the CrPC is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with two sureties of the like sum to the satisfaction of the concerned trial Court for his appearance before the concerned Court as and when directed by the said court, he be released on bail.
Certified copy as per rules.
Sd/(N.K. Chandravanshi) JUDGE
Bini
2 issues framed by the court
Whether bail should be granted to the applicant arrested for abetment to suicide under Section 306 IPC.
Whether the applicant's prior acquittal in an unrelated kidnapping case impacts the current bail application.
3 provisions across 2 enactments
Anshul Sampariya
State Of Chhattisgarh Through Station House Officer, Police Station Ambikapur
N.K. Chandravanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
