Manoj Kumar Mourya v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.

• Manoj Kumar Mourya S/o Shyamji Mourya Aged About 29 Years R/oVillage- Bhojpur, P.S. Champa, District- Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Police Station Champa, District- JanjgirChampa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Respondent For Applicant - Shri Sumit Singh, Advocate.

For Non-applicant/State - Shri Anant Bajpai, PL. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 30.04.2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 166/2017 registered at Police Station - Champa, District - Janjgir- Champa, (C.G), for the offences under Sections 304 - B/34 of the Indian Penal Code.

2. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 30.06.2017. No case is made out against him. Similarly, placed the co-accused persons have been granted bail by this Court, hence, he is also entitled for grant of bail.

-23. Learned counsel for the State opposes the bail application and submission made in this respect.

4. Heard counsel for both the parties and perused the case diary.

5. As per the prosecution case, the marriage of deceased -(Rima Devi Ratre) was performed with this applicant on 14.05.2017. On 03.06.2017, deceased committed suicide by hanging herself. Suicide note was recovered from the spot, in which it was written that this applicant and her in-laws are responsible for her death. Further, she stated in her suicide note that this applicant married with her for the purpose of obtaining dowry, which may be returned to her parents after her death. Hence, this case.

6. Considered the submission made, contents of the case diary. Looking to this facts that the co-accused persons have been granted bail by this court. Whether, there was any demand of dowry soon before the death of the deceased will be examined by the trial Court for the present, I am of the view that this applicant is also entitled for grant of bail.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Sd /- (Rajendra Chandra Singh Samant) Judge Jamal