Surendra Kushwaha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 201 Surendra Kushwaha, S/o Yogendra Kushwaha, aged about 24 years, R/o Village - Chhatho, Police Station - Dayalchowk, District Samastipur (Bihar), Present AddressSyahimudhi, Gandhi Chowk, Police Station - Darri, Civil and Revenue District - Korba (C.G.) ---- Applicant

Versus

State Of Chhattisgarh: Through Station House Officer, Police Station - Darri, District Korba (C.G.0 -----Non-applicant For Applicant:

Mr. Dharmesh Shrivastava, Advocate.

For Non-applicant/State:Mr. Neeraj Kumar Sharma, Deputy Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 4 /201 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 122/2015 registered at Police Station Darri, Distt. Korba for the offence punishable under Sections 498(A), 304(B)/34 of Indian Penal Code.

(2) Case of the prosecution, in brief, is that deceased Sarita Verma was married to applicant on 21.04.2015 and after marriage, sometime kept well and thereafter she was subjected to torture for demand of dowry of motorcycle by the applicant and

his family members and out of humiliation and frustration she jumped into the Well and committed suicide.

(3) Counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the offence in question. He further submits that applicant is in detention since 21.09.2015 and the charge sheet has already been filed and, therefore, the applicant may be released on bail. (4) On the other hand, counsel for the State opposes the bail application.

(5) Taking into consideration the facts and circumstances of the case; nature of allegation made against the applicant; statement of the prosecution witnesses and the manner in which deceased is said to have committed suicide within two months of the marriage with the applicant; I am not inclined to release the applicant on bail. Thus, the bail application is rejected. Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-