Dinu Ram Rawte v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6819 of 2020 Dinu Ram Rawte S/o Uttam Rawte Aged About 29 Years, R/o Kunj Kanhar, P.S. Daundi, District Balod, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Daundi, District Balod, Chhattisgarh ---- Respondent For applicant - Shri Shikhar Bakhtiyar, Advocate. For Respondent/State- Smt. Richa Shukla, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 06/01/2021 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.71/2020 registered in Police Station Daundi, Distt. Balod (C.G.) for offence punishable under section 304(B) of I.P.C.

2.

As per the prosecution case, deceased Devki Bai was married to the applicant in the year 2014. Subsequently, she was subjected to torture for demand of motorcycle. Eventually the applicant did not improve his conduct and therefore the wife Devki Bai committed suicide by consuming poison on 24/09/2019.

3.

Learned counsel for the applicant submits that only general omnibus allegation of demand of motorcycle has been alleged and there is no specific allegation has been made and she was not subjected to any torture or no dispute was existing, therefore the applicant may be released on bail.

4.

Learned State counsel opposes the argument and submits that the

relatives have categorically stated that there has been demand of motorcycle. Consequently, the deceased committed suicide. 5.

Perused the statement of the witnesses. General omnibus allegation of demand of motorcycle is made and the statement of independent witness would show that there is no dispute was existing in the family of the deceased. Taking into such fact and the totality, charge sheet has been filed, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri