GAUTAM BANJARE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The accused/Applicant has moved this bail application under Section 439 of the Code of the Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No. 92 of 2016, registered at Police Station Kurud, District Dhamtari, Chhattisgarh for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code.

(2.) The case of the prosecution, in brief, is that Smt. Usha, wife of Anirudh Banjare, committed suicide on account of instigation by the Applicant and other co-accused persons.

(3.) Learned counsel for the Applicant submits that the Applicant has not committed any offence and he has falsely been implicated in the case, there is no allegation of marpit against the present Applicant. He is in custody since 19.2.2016 and charge-sheet has not been filed. Learned counsel further submits that the co-accused Smt. Jyoti Bangare against whom similar allegations have been made, has already been enlarged on bail vide order dated 16.3.2016 by this Court in M.Cr.C. No. 1552 of 2016.