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High Court Of ChhattisgarhMCRC/4917/2020rejected

Vishal Kumar Sonjhari v. State Of Chhattisgarh

2020-09-03Hon'Ble Smt. Justice Rajani Dubey2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4917 of 2020 • Vishal Kumar Sonjhari, S/o. Shri Sahdev Prasad, Aged about 25 years, R/o. Village Kundhari, PS Janjgir, District JanjgirChampa CG ---- Applicant

Versus

• State Of Chhattisgarh, Through Police Station Janjgir District Janjgir-Champa CG ---- Respondent For Applicant : Shri Ashutosh Trivedi, Advocate For Respondent /State : Shri Adil Minhaj, GA Hon'ble Smt. Justice Rajani Dubey Order On Board 03/09/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 247/2019 registered at police station Janjgir District Janjgir-Champa (CG) for the offence punishable under Section 304(B) IPC.

As per prosecution case, report was lodged by the father of the deceased alleging that his daughter i.e. wife of the applicant committed suicide after consuming poison. It is alleged that she died within three months of her marriage.

Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that there was a delay in lodging the FIR. He further submits that the applicant is in jail since 11.05.2019 and looking to the conduct of the prosecution it is clear that

the trial will take time for its conclusion, therefore he may be released on bail.

On the other hand counsel for the State opposes the bail application and submits that the brother and sister-in-law of the deceased have stated that the applicant used to harrass her for demand of dowry and have supported the prosecution case. Having heard counsel for the parties, considered the totality of the fact, in particular the nature of allegation against the applicant, I am not inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is rejected.

Sd/- (Rajani Dubey) Judge suguna