Nitendra Alias Nitesh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4440 of 2019 • Nitendra Alias Nitesh S/o Devnath Rajput Aged About 26 Years R/o Village Sardha, Thana Lormi, District Mungeli Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Lormi, District Mungeli Chhattisgarh.

---- Respondent ---------------------------------------------------------------------------------------- For Applicant : Shri Rakesh Pandey, Advocate For respondent/State : Shri Ravish Verma, Govt. Advocate --------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 17.7.2019 1.

This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 04.02.2019 in connection with Crime No.44/2019 registered at Police Station Lormi Distt. Mungeli (C.G.), for the offence punishable under Sections 304B/34 of the Indian Penal Code and under Sections 3 & 4 of Prohibition of Dowry Act, 1961. 2.

As per version of the prosecution, the deceased was married to the applicant on 24.4.2018 and she committed suicide on 01.02.2019. In the suicidal note, she stated that she is ending her life on her own cause and no one is responsible for that. As per the postmortem report, her death was suicidal in nature. 3.

Learned counsel for the applicant submits that except the statement recorded under Section 161 CrPC, of all the relatives of

the deceased, there is nothing on record to implicate the applicant, therefore, he may be granted bail.

4.

On the contrary, learned State counsel opposes the application for grant of bail.

5.

I have heard learned counsel for the parties and perused the case diary.

6.

After taking into consideration and postmortem report and suicidal note, without commenting anything on its merits, I am inclined to release the applicant on bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs. 25,000/- with one local surety in the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial court regularly on each and every date, unless exempted from appearance.

Certified copy as per rules.

Sd/- (Ram Prasanna Sharma) JUDGE Bini