Ambika Prasad Dubey v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3729 of 2016 Ambika Prasad Dubey, S/o. Ram Swarup Dubey @ Bagadu @ Rohit Dubey, Aged About 35 Years, R/o. Village Chachiya, P.S. Kartala, District Korba, Chhattisgarh. Permanent Address: Village Parsara, P.O. Marwari, District Aushambi, Uttar Pradesh.

---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, Police Station Kartala, District Korba, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Uttam Pandey, Advocate For Respondent :

Ms. Shobha Kashyap, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 22.07.2016 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.11/2016 registered at Police Station- Kartala, District Korba (C.G.) for the offence punishable under Section 498-A & 304-B/34 of Indian Penal Code. 2.

Case of the prosecution, in brief, is that the deceased Pinky Dubey committed suicide by set herself ablaze on 19.10.2015. She was married to the applicant on 20.05.2013 and thereafter she was subjected to torture for various reasons and for demand of dowry. It is the allegation that the applicant being the husband has treated the deceased with cruelty for demand of dowry and, as such, the offence has been committed.

3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case as Rs.11,000/- is alleged to

have demanded in the form of Tilak and no further demand was made; therefore, the applicant may be enlarged on bail. 4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the statement of the mother as also the statement of one Vimla Bai who was the neighbour who went immediately after the burn caused while the deceased was lying. Considering the statement of the neighbour and the statement of mother wherein omnibus allegations have been made. Considering the facts and circumstances of the case, without any observation on merit, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the 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/- (Goutam Bhaduri) Judge Ashok