Kamal Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5365 of 2020

1. Kamal Sharma, S/o Mohan Murari Sharma, aged about 36 years, R/o Village Kamta, Tahsil Nawagarh, District Bemetara (CG) ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer Police Station Nawagarh, District Bemetara Chhattisgarh.

---- Non-Applicant For Applicant : Shri Vipin Singh, Advocate.

For Non-Applicant : Shri Dinesh Tiwari, Deputy GA. Proceeding Through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 03/11/2020 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.136/2020 registered in Police Station Nawagarh, District Bemetara for offence under Section 498-A and 304-B/34 of the IPC.

2. The applicant was married with the deceased Pritika on 7.7.2019. She committed suicide by setting herself ablaze on 2.6.2020.

3. In her dying declaration, she would state that she committed suicide because her husband and Jethani were committing cruelty without mentioning that the cruelty was in connection with demand of dowry. In the diary statement of Hirendra, brother of the deceased, he would state that his sister stated while giving dying declaration that she was subjected to cruelty for demand of dowry. However, the deceased

herself has not used the word dowry in her dying declaration.

4. Considering the entire fact situation of the case and for the fact that the applicant is in jail since 6.6.2020 and charge sheet has already been filed, I am inclined to release the applicant on bail.

5. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court Sd/- Judge (Prashant Kumar Mishra) Barve