Ashu Dewangan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3672 of 2019 • Ashu Dewangan S/o Shri Ram Khilawan Dewangan Aged About 24 Years R/o Nayapara, Bemetara, Police Station, Tahsil And District Bemetara Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station - Bemetara, District Bemetara Chhattisgarh ---- Non Applicant For the Applicant :

Ms. Sarina Khan, Advocate For the State :

Shri Ashutosh Pandey, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 20.06.2019 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.249/2019 registered at Police Station- Bemetara, District- Bemetara (C.G.) for the offence punishable under Section 306 of Indian Penal Code, 1860. 3.

Case of the prosecution, in brief is that deceased Ranu @ Ruma Verma was 24 years old. She was resident of village Khurush Board. There was the love affair between deceased and applicant. Applicant deceived her. Deceased consumed poisen on 13.12.2018, she brought hospital where she died on the very day. 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, submits that there is no criminal antecedent against the applicant in police case diary.

6.

Counsel for the applicant further submits that ingredients of Section 306 IPC does not attract in the case in hand.

7.

Looking to the above mentioned facts and circumstances of the case, looking to the material available on record, 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.

8.

Certified copy as per rules.

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