Ashok Kumar Mahant v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BIL Order Sheet MCRC No. 6677 of 2015 • Ashok Kumar Mahant S/o Shyamdas Mahant Aged About 23 Years R/o Village Kudmura, Thana Kartala, Distt. Korba, Civil & Rev. Distt. Korba, Chhattisgarh. ---- Petitioner

Versus

• State Of Chhattisgarh Through Thana Punjipathara, Distt. Raigarh, Chhattisgarh. ---- Respondent No 07.12.2015 Shri Sanjay Agrawal, counsel for the applicant. Shri Anil S. Pandey, Govt. Advocate, for the State. This is an application filed u/s 439 Cr.P.C., for grant of bail to the applicant in connection with Crime No.103/2014 registered at P.S. Punjipathara, Distt. Raigarh (C.G) for the offence punishable u/s 302, 304(B) & section 201 of IPC.

As per the prosecution case, a report was lodged alleging that the applicant who was married to Priyanka Chauhan used to harass his wife for not bringing dowry from her maternal house and consequently on 03.07.2015 the applicant throttled her neck and thereafter her dead body was hanged so as to give a picture of hanging by suicide, thereby, the offence is committed.

Learned counsel for the applicant submits that there is no direct evidence available against this applicant and he has been falsely implicated and the wife has committed

suicide, for which, the applicant is not responsible in any manner. Therefore, he may be released on bail. Per contra, learned State Counsel opposes the prayer for grant of bail and submits that the charge sheet contained the statement of parents of the deceased which reveal that the applicant who is husband of deceased Priyanka Chauhan has informed them that his wife has committed suicide but subsequently it was negated by the opinion of the doctor that it was strangulation. I have perused the case diary in this case. Having regard to the manner in which the offence committed and considering the statement of witness, I am not inclined to allow this bail application. Accordingly, it is rejected. Sd/- GOUTAM BHADURI JUDGE R a o