SATISH KUMAR SONI Vs. STATE OF C G

JUDGEMENT

(1.) The applicant has preferred this first bail application under Section 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 under Section 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.