Ravi Soni v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5266 of 2021 1.

Ravi Soni S/o Purushottam Soni, Aged About 33 Years, R/o Vrindawan Colony, House No. H4, P.S. Khamhardih, Raipur (C.G.).

---- Applicant

Versus

1.

State Of Chhattisgarh, Through The Police Station Khamhardih, District Raipur (C.G.).

---- Non-Applicant For Applicant : Mr. N. Naha Roy, Advocate.

For Non-Applicant/State : Dr. (Ms.) Veena Nair, Dy. Advocate General. Hon'ble Shri Justice Gautam Chourdiya Order on Board 09/08/2021 1) The matter is heard through video conferencing. 2) The applicant has preferred this Firs t Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in custody since 29/12/2020 in connection with Crime No. 227/2020, registered at Police Station Khamhardih, District Raipur (C.G.) for the offence punishable under Sections 304-B, 34 of Indian Penal Code.

3) Case of the prosecution, in brief, is that on 21/12/2020 at 9:00 Pm deceased Smt. Priyanka Soni committed suicide by hanging due to harassment on account of demand of dowry by the present applicant and her father-in-law namely Purushottam Soni.

4) Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in this case. He submits that co-accused in this case namely Purushottam Soni

has already been granted regular bail by this Court passed in MCRC No. 1854/2021 vide order dated 18/06/2021. He submits that the applicant is in jail since 29/12/2020, charge sheet has been filed and conclusion of the trial is likely to take some time. Therefore, the present applicant be released on bail. 5) On the other hand, learned counsel for the State opposes the bail application.

6) I have heard the learned counsel appearing for the parties. 7) Considering the facts and circumstances of the case, the nature allegation against the present applicant that he used to subject the deceased to cruelty in connection with demand of dowry and beat her after consuming liquor, the deceased committed suicide within 2 years and half months after her marriage, the other material available on record and case of the present applicant being distinguishable on facts from that of co-accused Purushottam Soni (father-in-law of deceased), without commenting anything on merits of the case, this Court is not inclined to release the applicant on bail. Accordingly, the application is rejected.

-Sd/- (Gautam Chourdiya) Judge Chandrakant