Mansingh Chouhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1754 of 2019 Mansingh Chouhan S/o Late Pancham Singh Chouhan Aged About 56 Years R/o Village - Lahangpur (Atahanu), Police Station - Jalalpur, Tehsil Kerakat, District Jaunpur (Uttar Pradesh)., District : Jaunpur, Uttar Pradesh.

---- Applicant

Versus

State Of Chhattisgarh Through Police Station Amanaka, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh. ---- Respondent For the Applicant :

Shri D.K. Gwalre, Advocate For the State :

Shri SRJ Jaiswal, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /04/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.50/2019 registered at Police Station Amanaka, District Raipur (C.G.) for the offence punishable under Section 304-B/34 of IPC.

3. Case of the prosecution, in brief is that applicant is the father-in-law of deceased Poonam Chouhan. Marriage of deceased Poonam Chouhan was solemnized with co-accused Shiv Kumar Chouhan on 09/05/2017. After the marriage her husband, her brother-in-law (Devar) and brotherin-law (Jeth) etc. had told deceased that she has brought insufficient dowry. Her husband Shiv Kumar Chouhan, her Devar Ravi Kumar, her Jeth Prem Chouhan told to deceased that she brought some cash for opening the aluminum frame and section shop and to purchase the aluminum material.

4. Learned counsel for the applicant submits that he is innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant.

6. None of the witnesses had stated in their police statement against the applicant. As per the Annexure A/2 which is the part of bail application, applicant is resident of village Lahangpur, District Jaunpur (U.P.).

7. Looking to the facts and circumstances of the case,looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if the applicant furnishes one solvent surety for a sum of Rs. 25,000/- along with a personal bond in the like sum to the satisfaction of the concerned Court with the condition that he shall appear before the trial Court at 11.00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

8. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde