High Court Of ChhattisgarhMCRC/1628/2021rejected

Smt Basanta Dhuruwa And Another v. The State Of Chhattisgarh

2021-08-06Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1628 of 2021

1. Smt Basanta Dhuruwa W/o Shri Kejuram Dhuruwa Aged About 42 Years

2. Haribal Dhuruwa S/o Kejuram Dhuruwa Aged About 24 Years Both By Caste Gond and R/o Village Kilepar Police Outpost Halwa Thana Narharpur Civil And Revenue District Uttar Baster Kanker Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh ---- Applicants

Versus

The State Of Chhattisgarh Through Station House Officer Police Outpost Halwa Thana Narharpur District, District Uttar Baster Kanker Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh ---- Respondent For Applicants :

Shri Parag Kotecha, Advocate For State :

Shri Mateen Siddiqui, Dy. A.G.

S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 06/08/2021 Heard.

1. This is the second bail application on behalf of the applicants. Their earlier bail application was dismissed on 24.8.2020.

2. The applicants are arrested in connection with Crime No.63/2020 registered in Police Outpost- Halwa, Police Station- Narharpur, District- North Bastar Kanker (CG).

3. This application has been preferred by the applicants mainly on the ground of delay in trial as also that many material witnesses including father, mother have not supported the case of the prosecution regarding demand of dowry.

-24. Learned counsel for the State would submit that trial is still pending and other witnesses are yet to be examined and earlier application was rejected taking into consideration that wife died in suspicious circumstances due to hanging in matrimonial house. Therefore, the applicants are not entitled to grant of bail.

5. Taking into consideration the submissions made by learned counsel for the parties, considering that earlier application was rejected on merits, no case is made out for grant of bail at this stage. However, if the trial is not concluded in next four months, the applicants would be at liberty to revive on the ground of delay in trial.

6. The application is accordingly rejected.

Sd/-/-/------ (Manindra Mohan Shrivastava) Judge Praveen