Ramesh Tripathi And ANR. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6477 of 2020
1. Ramesh Tripathi And Anr. S/o Rambihari Aged About 24 Years R/o Bhimpuri Chowki Junapara, Police Station Takhatpur, Tahsil Takhatpur District Bilaspur Chhattisgarh.
2. Smt. Rani Tripathi W/o Late Rambihari Aged About 47 Years R/o Bhimpuri Chowki Junapara, Police Station Takhatpur, Tahsil Takhatpur District Bilaspur Chhattisgarh.
--- Applicants
Versus
State of Chhattisgarh Through Station House Officer, Police Station Takhatpur, Tahsil Takhatpur District Bilaspur Chhattisgarh. --- Respondent For the applicant :
Mr. K.P.S. Gandhi, Advocate For the State :
Mrs. Sunita Jain, Govt. Adv.
Hon'ble Shri Justice Goutam Bhaduri Order on Board .12.2020
1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 238 of 2020 registered at Police Station Takhatpur, Tahsil Takhatpur, Distt. Bilaspur (C.G) for the offences punishable u/s 304-B read with section 34 of IPC. .
2. As per the prosecution case, applicant No.1 Ramesh Tripathi was married to one Babli on 19.05.2020. Subsequently she was subjected to cruelty for demand of dowry. Eventually she died unnatural death by hanging on 01.08.2020
3. Learned counsel for the applicant would submit that the statements of Khushbu Jaiswal and Sunil Sidar who have sworn affidavit before the court below would indicate that because of some love affairs, the deceased committed
suicide. Therefore, the applicants may be enlarged on bail.
4. On the other hand, learned State Counsel opposes the bail application and would submit that on 02.08.2020, the report was made wherein the allegations of torture and demand of dowry were attributed to the applicants.
5. Perused the case diary. After perusal of the case diary and the statements recorded wherein the allegations have been attributed for demand of dowry and further since the marriage was performed on 19.05.2020 and within few months, she committed suicide, I am not inclined to allow this bail application. Accordingly, it is rejected. Sd/- GOUTAM BHADURI JUDGE R a o