Sanjay Singh v. State Of Chhattisgarh,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3882 of 2020 • Sanjay Singh, S/o Goverdhan Singh, Aged About 40 Years, R/o Village- Sambalpur, Post- Sambalpur, Police StationDoundilohara, District- Balod, Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh, through Police StationDoundilohara, District- Balod, Chhattisgarh ---- Respondent For Applicant : Mr. Prasoon Agrawal, Adv.

For Respondent/State : Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 04.08.2020

1. The accused/applicant has moved this second bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 222/2019 registered at Police StationDoundilohara, District- Balod, (C.G.) for the offence punishable under Sections 304B, 34 of IPC and Section 4 of Dowry Prohibition Act, 1961.

2. The first bail application of the applicant was dismissed as withdrawn with liberty to file the same at an appropriate stage vide order dated 16.03.2020 by this Hon'ble Court.

3. The prosecution story, in brief is that, on 06.11.2019, at about 17:45 hrs, the ward boy of the government hospital Daundilohara informed the police authorities that the deceased namely Kareena Rajpoot had died. During the

investigation, the authorities came to the knowledge that the applicant along with his family members used to harass and torture the deceased as a result of which, she committed suicide. Based on this, offence has been registered. Present applicant has been taken into custody on 08.11.2019.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the charge-sheet has been filed. The applicant is in jail since 08.11.2019, there is no likelihood of his case being decided in near future, therefore, the present appellant may be released on bail.

5. On the other hand, counsel for the State opposes the bail application submitting that neighbour also stated that the present applicant used to harass the deceased for the dowry and earlier applicant and his family members tried to kill the deceased, so, applicant did a very heinous crime and it is not a fit case to release him on bail.

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

7. Considering the facts and circumstances of the case, especially nature and gravity of crime in question, at this stage, I am not inclined to release him on bail.

8. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is rejected.

Sd/- (Rajani Dubey) Judge Ruchi