Dharmendra Kachi @ Prashant v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2357 of 2021 • Dharmendra Kachi @ Prashant S/o Shri Devi Prasad Kachi, aged about 32 years, R/o village Khaira - Daganiya, P.S. Seepat, District Bilaspur (C.G.) ---- Applicant

Versus

• State of Chhattisgarh Through : Police Station- Seepat, District Bilaspur (C.G.) ---- Respondent For Applicant :

Mr. Sourabh Sharma, Advocate For Respondent :

Ms. Akanksha Jain, Dy. G.A.

For Objector :

Mr. Anil Gulati, Advocate.

Hon'ble Smt Justice Rajani Dubey Order on Board /05/2021 1.

The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.92/2021, registered at Police Station - Seepat, Bilaspur, District Bilaspur (C.G.) for the offence punishable under Section 306 IPC.

2.

The prosecution story, in brief, is that on 15.02.2021 at about 12.00 pm, one Mahan Lal informed the police that Aradhana Kachi, wife of present applicant, committed suicide by hanging herself. During investigation, it was revealed that the deceased was subjected to cruelty for demand of dowry by the present applicant, based on which, offence under Section 306 has been registered against him. The present applicant has been taken into custody on 03.03.2021. 3.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the marriage of applicant with deceased

was solemnized in the year 2012 and deceased committed suicide after 9 years of marriage. He also submits that only allegation against the present applicant is that he used to harass and torture the deceased for demand of dowry. He also submits that the applicant is in custody since 03.03.2021, charge sheet has been filed and there is no likelihood of his case being decided in near future. Therefore, he may be released on bail.

4.

On the other hand, learned counsel for the State opposed the bail application.

5.

I have heard learned counsel for the parties and perused the case diary.

6.

Considering the totality of the facts and circumstances of the case, quality of evidence and further considering the fact that the applicant is in custody since 03.03.2021, charge sheet has been filed and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the Applicant shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Certified copy, as per rules.

Sd/- (Rajani Dubey) Vacation Judge PKD