Shailesh Dhrithlahare @ Pintu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2967 of 2021 1.

Shailesh Dhrithlahare @ Pintu S/o Kamta Prasad Dhrithlahare, Aged About 24 Years, R/o Village Akolikhurd, Police Station Arang, Tahsil Arang District Raipur (C.G.).

---- Applicant

Versus

1.

State Of Chhattisgarh, Through The Station House Officer, Police Station Arang, District Raipur (C.G.). ---- Non-Applicant For Applicant : Mr. Shivendu Pandya, Advocate.

For Non-Applicant/State : Mr. Priyanshu Gupta, P.L. Hon'ble Justice Shri Gautam Chourdiya Order on Board 08/07/2021 1) The matter is heard through Video Conferencing. 2) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 21/02/2021 in connection with Crime No. 112/2021 registered at Police Station Arang, District Raipur (C.G.) for the offence punishable under Section 306 of Indian Penal Code. 3) Case of the prosecution, in brief, is that complainant Pavitra Tandon, father of the deceased Manjita Dhrithlahre, lodged a written report on 03/01/2021 at Police Station Arang that the applicant, husband of the deceased, used to beat the deceased and was having illicit relation with some other woman. Being fed up with this persistent ill treatment, she committed suicide by hanging.

4) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He submits that

applicant is in jail since 21/02/2021, charge sheet has been filed, there is no criminal antecedents against the applicant and trial is likely to take some time for its disposal. Therefore, the applicant be released on bail.

5) On the other hand, learned counsel for the respondent/State opposes the bail application. However, he submits that applicant has no criminal antecedents.

6) Heard learned counsel for the parties.

7) Considering the facts and circumstances of the case, the fact that no physical injury was noticed on the body of the deceased as per postmortem report, there was no complaint or report against the applicant regarding commission of any cruelty by the deceased or her parents, the detention period of the applicant who is 24 years old, charge sheet has already been filed, the fact that the applicant has no criminal antecedents and there is no apprehension of the applicant tampering with the evidence or absconding as admitted by both the counsel and that conclusion of trial may take some time due to COVID-19 Pandemic, the application is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail on the following conditions:- i.

he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, ii.

he shall not act in any manner which will be prejudicial to fair and expeditious trial, and iii.

he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

iv.

he shall strictly follow the COVID-19 protocol issued by the Central Govt./State Govt./Local Authority.

v.

he shall not involve himself in any offence of similar nature in future.

Let a copy of this order be forwarded to the concerned Police Station forthwith who shall inform the trial Court in the event of applicant involving himself in similar offence in future. -Sd/- (Gautam Chourdiya) Judge Chandrakant