@JUDGMENTTAG-ORDER
T.P. Sharma, J.
1. The applicant has preferred this first bail application u/s 439 of the Code of Criminal Procedure for grant of regular bail, as he has been arrested in connection with Crime No. 532/2013 (Criminal Case No. 1076/13 pending before JMFC, Rajnandgaon) registered at Police Station Basantpur, Distt. Rajnandgaon for the offence punishable u/s 306 of the Indian Penal Code. I have heard learned counsel for the parties and perused the case diary.
2. Learned counsel for the applicant submits that this is the First Bail application filed on behalf of the applicant for grant of regular bail. No other application of the nature is pending or decided by this Court or by the Apex Court. Application of the applicant has been supported by affidavit of Smt. Jayanti Soni, wife of the applicant. He further submits that the applicant has not committed any crime, he has been falsely implicated in crime in question and he is in custody since 05.10.2013. He further submits that even as per the case of the prosecution, married applicant was having love affair with the deceased and community meeting was convened. Wife of the applicant was also not happy with the relationship and thereafter the deceased committed suicide. He further submits that the applicant has not aided, instigated or abated the deceased to commit suicide.
3. On the other hand, learned Govt. Advocate for the State opposes the bail application and submits that the applicant has aided, instigated and abated the deceased to commit the suicide. The prosecution has collected sufficient material against the applicant.
4. Considering the material collected on behalf of the prosecution, act attributed to the applicant and the period of detention of the applicant, I am of the view that present is a fit case to admit the applicant on bail. Accordingly, the bail application is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs. 30,000/- with one solvent surety in the like amount to the satisfaction of the trial Court. The applicant shall appear before the said Court as and when directed by the said Court. In case of two regular defaults, this bail order shall stand cancelled automatically. At the time of accepting bail bond, the Court concerned shall minutely verify that whether any bail application of the applicant has been decided previously by the High Court or by the Supreme Court and in case the Court finds that previous bail application has been decided, the order shall automatically stand cancelled. The Court concerned shall also submit compliance report within 15 days of its compliance to the Registry of this Court.
