High Court Of ChhattisgarhMCRC/362/2021rejected

Ajay Alias Tikaram Yadav v. State Of Chhattisgarh

2021-02-23Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 362 of 2021 • Ajay Alias Tikaram Yadav, S/o Mohan Yadav, Aged About 28 Years, R/o Village Anjoripali, Indira Nagar Kharsiya, Police Station- Kharsiya, District- Raigarh, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Kharsiya, DistrictRaigarh, Chhattisgarh. ---- Respondent For Applicant : Mr. F. S. Khare, Adv.

For Respondent/State : Mr. Ayaz Naved, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 23.02.2021

1. The accused/applicant has moved this second bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 227/2019 registered at Police Station- Kharsiya, District- Raigarh, (C.G.) for the offence punishable under Section 304(B)/34 of IPC.

2. Earlier, the first bail application of the applicant was dismissed as withdrawn vide order dated 03.12.2019 passed in MCRC No. 6663/2019 by this Court.

3. The prosecution story, in brief is that, the marriage of the applicant and the deceased has been solemnized in the year 2018. After marriage, deceased was subjected to cruelty on account of demand of dowry. As a result of which, the deceased committed suicide by hanging herself. Based on this, offence has been registered. Present applicant has been taken into custody on 29.05.2019.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in

question. He further submits that the applicant is in jail since 29.05.2019, there is no likelihood of his case being decided in near future, therefore, the present appellant may be released on bail.

5. On the other hand, counsel for the State opposes the bail application submitting that the offence committed by the applicant is of serious in nature and he did a very heinous crime and it is not a fit case to release him on bail.

6. I have heard learned counsel for the parties and perused the record.

7. Considering the facts and circumstances of the case, especially nature and gravity of crime in question, at this stage, I am not inclined to release him on bail.

8. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is rejected.

Sd/- (Rajani Dubey) Judge Ruchi