Ravi Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2757 of 2019 • Ravi Yadav S/o Somaru Aged About 20 Years R/o Village Phuphutra, Police Station And Tahsil Lakhanpur, District Surguja Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Lakhanpur, District Surguja Chhattisgarh ---- Non Applicant For the Applicant :

Shri Anurag Singh, Advocate For the State :

Shri Washim Miyan, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 08.05.2019 1.

This is the first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2.

Perused the case diary provided by the learned counsel for the State in connection with Crime No.215/2018 registered at Police Station- Lakhanpur, District- Surguja (C.G.) for the offence punishable under Section 306 read with 34 of Indian Penal Code. 3.

Case of the prosecution, in brief is that applicant is husband of deceased Anchal Yadav the marriage of deceased was solemnized with him. On 18.04.2018 after sometime of marriage, applicant was harassing her on account of demand of cash Rs.50,000/- for purchasing motorcycle. Other co-accused were also used to beat her. On 24.10.2018, deceased consumed poisen as a result of which she died. 4.

Learned counsel for the applicant submits that applicant has no criminal background, he is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application, however, he submits that there is no antecedent against the applicant. 6.

Counsel for the applicant further submits that applicant is in jail since 14.12.2018, charge sheet has been filed. There is no such evidence regarding abatement coaccused have been released on bail. Thus, he may be released on bail. 7.

The case of applicant is totally different and more severe than the case of co-accused which have been enlarged on bail.

8.

Looking to the above mentioned facts and circumstances of the case, looking to the prima facie evidence available on record against the applicant, looking to the seriousness of the offence, looking to the impact of granting bail to the applicant on society, the present bail application is rejected. 9.

Certified copy as per rules.

Sd/- Sd/-Sd/- (Sharad Kumar Gupta) Judge Parul