Tokeshwar Prasad Dewangan @ ... vs State Of Chhattisgarh
2022 Latest Caselaw 4849 Chatt

                                                                        NAFR

                HIGH COURT OF CHHATTISGARH, BILASPUR

                           MCRC No.5648 of 2022

     • Tokeshwar Prasad Dewangan @ Tukeshwar @ Bablu @ Ajay
       Dewangan, S/o Shri Ram Kumar Dewangan, Aged About 35 Years, R/
       o Shaheed Bhagat Singh Chouck, Near Shiv Mandir, Behind Sushila
       Niwas, Gabhrapara, Mathpara, P.S. Tikrapara, District Raipur,
       Chhattisgarh, Presently R/o At Rent In Mehsram's House, Ward No.15,
       Near Garden Tilda, P.S. Tilda Nevra, District Raipur, Chhattisgarh

                                                                 ---- Applicant

                                   Versus

     • State of Chhattisgarh Through Station House Office, Tilda P.S. Neora,
       District Raipur, Chhattisgarh

                                                              ---- Respondent

For Applicant Ms. Soumya Sharma, Advocate on behalf of Mr. Devershi Thakur, Advocate

For Respondent Mr. A. S. Chouhan, PL

Hon'ble Justice Smt. Rajani Dubey

Order on Board

28/07/2022

1. The applicant has preferred this first bail application under

Section 439 of Cr.P.C., as he has been arrested in connection

with Crime No.23/2022, registered at Police Station Tilda Neora,

District Raipur (C.G.) for the offence punishable under Sections 306 &

323 read with Section 34 of IPC.

2. The prosecution story, in brief, is that the applicant and the deceased

got married in the year 2016. It is alleged that the applicant was in

extra marital affair with another woman namely Pemin Bai, the other

co-accused and despite the objection made by the deceased, their

extra marital affair continued, as a result of which lastly the deceased

committed suicide on 20.01.2022, thereafter a case was registered against the applicant and the co-accused for the aforesaid offences.

3. Learned counsel for the applicant submits that the applicant is

innocent and has been falsely implicated in the crime in question. The

extra marital affair cannot be the cause of holding the applicant liable

for commission of aforesaid offence and the same does not come

under the purview of crime. She further submits that the applicant is in

jail since 23.01.2022, charge sheet has been filed and there is no

likelihood of his case being decided in near future. Therefore, the

present applicant may be released on bail. She placed his reliance on

the judgment rendered by the Hon'ble Supreme Court in the matter of

Pinakin Mahipatray Rawal vs State of Gujrat, reported in (2013) 10

SCC 48.

4. On the other hand, learned State counsel opposes the bail application.

5. I have heard learned counsel for the parties and perused the case

diary.

6. Taking into consideration the nature and gravity of the offence, facts

and circumstances of the case, quality of evidence available on record,

applicant is in jail since 23.01.2022, charge sheet has been filed and

the trial is likely to take some time for its final disposal, this Court is of

the view that it is a fit case to release the applicant on regular bail.

7. Accordingly, the bail application is allowed. The applicant is directed to

be released on bail on his executing a personal bond for a sum of

Rs.25,000/- with one local surety in the like sum to the satisfaction of

the Trial Court for his appearance before the said Court.

Sd/-

Rajani Dubey Judge Nirala