High Court Of ChhattisgarhMCRC/1486/2020allowed

Dinesh v. State Of Chhattisgarh

2020-08-11Hon'Ble Smt. Justice Rajani Dubey2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1486 of 2020 • Dinesh S/o. Dharam Lal Tande, Aged bout 24 years, R/o. Village Bhandora, Thana Bilaigarh, District Baloda Bazar-Bhatapara Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through Police Station Bilaigarh, District Baloda Bazar-Bhatapara Chhattisgarh.

---- Respondent For Applicant : Shri Sanjay Agrawal, Advocate For Respondent /State : Shri Rahul Jha, GA Hon'ble Smt. Justice Rajani Dubey Order On Board 11/08/2020 The applicant has filed this second application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.182/2019 registered at police station Bilaigarh, District Baloda Bazar-Bhatapara (CG) for the offence punishable under Section 304(B)/34 IPC.

His first bail application was rejected on merits vide order dated 3.12.2019 in M.Cr.C. No. 6588/2019.

As per prosecution case, wife of the applicant committed suicide by hanging herself in her matrimonial house. It is alleged that she was harassed for demand of dowry.

Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the mother of the deceased has not supported the prosecution case. He submits that the applicant is in jail since 12.06.2019; charge sheet has been filed and

looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.

On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant and that the mother of the deceased has not supported the prosecution case, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna