High Court Of ChhattisgarhMCRC/3603/2016dismissed

Sudhir Jagat v. State Of Chhattisgarh

2016-07-13Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3603 of 2016 • Sudhir Jagat S/o Late Shankar Jagat Aged About 21 Years Occupation - Labour, R/O - Gali No. 2, Dr. Rajendra Nagar, Post Office - Raipur, Police Station - Civil Line, Raipur, Tahsil & District - Raipur Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh Through The Station House Officer, Police Station - Civil Line, District - Raipur Chhattisgarh --- Respondent For the applicant :

Mr. Dharmesh Shrivastava, Advocate For the Respondent :

Mrs. Shobha Kashyap, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 13.07.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 127/2016 registered at P.S. Civil Line, District Raipur. (C.G) for the offence punishable under Section 306 IPC.

2. As per the prosecution case, one Mamta Bagh was married to the present applicant. She committed suicide by hanging on 30.11.2015 as she was subjected to extreme torture by the applicant who is husband.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he has not abetted the deceased to commit suicide. He further submits that the charge sheet in this case has been filed and and no further evidence is required in this case, therefore, the applicant may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the statements of the father Santosh Bagh, mother Sanchi Bagh, sister Belo Bagh and Sonal Purohit and all they have stated that the deceased was subjected to extreme cruelty and abuses by the applicant. Further the case diary also would reveal that apart from the present case, as many as 9 other cases under different sections of IPC including the case of Arms Act stand registered against the applicant.

6. Considering the back ground of the applicant and the cases which are pending against the applicant, I am of the opinion that if the applicant is released on bail he may try to influence the evidence and the primary witnesses are ladies. Therefore, I am not inclined to release the applicant on bail. Accordingly, this bail application is rejected. Sd/- GOUTAM BHADURI JUDGE R a o