Ram Naresh Marko v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3198 of 2021 • Ram Naresh Marko S/o Raj Kumar Gond Aged About 22 Years R/o Village Padouli, P. S. Chalgali, District Balrampur- Ramanujganj (C.G.) ---- Applicant

Versus

• State of Chhattisgarh Through Station House OfÏcer, Police Station Chalgali, District Balrampur-Ramanujganj (C.G.) ---- Respondent For Applicant.

:

Mr. Arun Kumar Shukla, Advocate.

For Respondent/State :

Mr. B.P. Banjare, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 21.06.2021 The applicant has filed Second Bail Application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 110/2019 registered at Police Station: Chalgali, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 304B of the IPC. The first bail application of the applicant was dismissed as withdrawn on 17.03.2020 passed in MCRC No. 787/2020 and a liberty was given to the applicant to revive the same after examination of material witnesses.

As per the prosecution case, the allegation against the present applicant is that he along with his parents used to torture and harass the deceased, wife of the applicant, both mentally and physically in the name of less dowry, consequently, she committed

suicide by hanging herself.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He would next contend that father of the deceased namely Suresh Kumar Singh and sister of the deceased namely Ratan Singh have been examined before the trial Court and they have not supported the prosecution case. He further contended that the applicant is in jail since 16.09.2019 and is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by the Court, therefore, the present applicant may be released on bail. Per contra, learned State counsel opposes the bail application. I have heard learned counsel for the parties and perused the case diary.

Considering the totality of the facts and circumstances of the case, nature of allegation, I am of the opinion that present is a fit case to release the applicant on bail.

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

It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs. 25,000/- with one local surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

Sd/- (Rajani Dubey) Judge V/-