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High Court Of ChhattisgarhMCRC/4432/2019rejected

Lakshmi @ Lakshmi Narayan Bharti v. State Of Chhattisgarh

2019-09-05Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4432 of 2019 • Lakshmi @ Lakshmi Narayan Bharti S/o Shri Raju Bharti Aged About 24 Years R/o Village Bahana Kadhi, Post Office And Police Station Mandir Housad, Tahsil- Arang, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police StationMandir Housad, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Non-applicant For Applicant : Shri Shivendu Pandya, Advocate.

For Non-applicant : Shri D.C. Verma, Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 05.09.2019 1.

This is 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. 210/2019 registered at Police Station - Mandir Housad,, District - Raipur (C.G.) for the offence punishable under Sections 306/498 (A) of the Indian Penal Code. 3.

Case of the prosecution, in brief is that applicant is the husband of deceased Smt. Padmini Bharti. One year prior to the death of deceased marriage was solemnized between them. After the marriage applicant used to harass her on petty matters. On 17.03.2019 the deceased committed suicide by setting herself on fire. 4.

Learned counsel for the applicant argued that the applicant has no

criminal background, he is innocent, counsel for the applicant further submitted that ingredients of Section 107 IPC is not attracted in the case in hand, thus he shall be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application, however, he submits that there is no criminal antecedent against the applicant.

6.

Looking to the facts and circumstances of the case, looking to the materials available on record against the applicant, 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. 7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore