Manoj Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2200 of 2018 Manoj Singh S/o Ram Kumar Singh Rajput Aged About 33 Years R/oVillage Amlidih, P.S.- Saja, District- Bemetara, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through- Station House Officer, Police Station Saja, District- Bemetara, Chhattisgarh.

----Non-applicant For Applicant :

Mr. Raghvendra Pradhan, Advocate For State :

Ms. M. Asha, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 26/03/2018

1. This is a repeat bail application filed under Section 439 Cr.P.C. for grant of bail to the applicant, who has been arrested in connection with Crime No. 210/2017 registered at Police Station Saja, District Bemetara, Chhattisgarh for the offence punishable under Section 304-B/34 of Indian Penal Code.

2. The earlier bail application was dismissed as not pressed vide order dated 27.11.2017 in MCRC No.6264/2017.

3. The counsel for the applicant submits that the present applicant is in jail since 26.05.2017 and as such he has already remained in jail for a period of about 10 months and that the nature of allegations leveled against the present applicant is more general in nature and omnibus. He further submits that there is no specific allegation of the deceased subjected to ill-treatment, torture and harassment except for a demand of some money for construction of the house, which is alleged by the family members of the deceased.

4. The State counsel however opposing the bail application submits that there are allegations against the present applicant, who is husband of the deceased of ill-treatment, harassment and cruelty for small-small issues and in between he has also demanded an amount of Rs.3,00,000/- for construction of the house, which shows that the torture and ill-treatment was on account of demand of dowry.

5. Given the facts and circumstances of the case, particularly taking note of the general allegation which has been leveled by the family members and the fact that the demand of Rs.3,00,000/- was also for construction of the house and also considering the period of custody undergone, this Court is of the opinion that prima facie a strong case has been made out for grant of bail to the applicant. Accordingly, the present application for grant of bail is allowed.

6. 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 Court for his appearance before the said Court as and when directed. Sd/- (P. Sam Koshy) Judge Ved