Shravan Kumar Upadhyay v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.2221 of 2016 Shravan Kumar Upadhyay, S/o Shri Santosh Upadhyay, aged about 26 years, House No. 106/2 Lodhi Para, Ward No.09, Prem Nagar, Gudhiyari, Raipur, Police Station-Gudhiyari, Civil & Revenue District Raipur (CG).

---- Applicant

Versus

State of Chhattisgarh, through the Station House Officer, Police Station Gudhiyari, Raipur, Tahsil & District Raipur (CG). ---- Non-applicant For Applicant :

Shri Sumesh Bajaj, Advocate For Non-applicant/State :

Shri Dilman Rati Minj, Dy.G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 07/04/2016 (1) Heard.

(2) This is the third bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.47/2015 registered at Police Station Gudhiyari, District Raipur, for the offence punishable under Sections 304-B/34 of the Indian Penal Code.

(3) The first bail application of the applicant was dismissed as withdrawn by order of this Court dated 23.03.2015 passed in M.Cr.C. No.968/2015 and second bail application of the applicant was dismissed on merits by order of this Court dated 04.09.2015 passed in M.Cr.C. No.4773/2015.

(4) After hearing learned counsel appearing for the parties, taking

into consideration the totality of the facts and circumstances of the case and further considering the fact that the applicant's wife committed suicide within two years of her marriage and evidence available on record, I do not consider it a fit case to entertain this bail application. Consequently, the third bail application is rejected. However, the trial Court is directed to expedite the trial and conclude the same preferably within a period of six months from the date of receipt of copy of this order.

(5) Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge L/-