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High Court Of ChhattisgarhMCRC/7221/2015allowed

Rahul Kumar Sharma v. State Of Chhattisgarh

2015-12-23Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7221 of 2015 Rahul Kumar Sharma S/o Ashok Sharma Aged About 29 Years R/o Village Damodarpur, Police Station Ramanujganj, Civil Distt. Surguja And Rev. Distt. Balrampur- Ramanujganj Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Ramanujganj, Civil Distt. Surguja And Rev. Distt. BalrampurRamanujganj Chhattisgarh. ---- Respondent For applicant - Shri P.P. Sahu, Advocate.

For Respondent/State - Shri Om. P. Sahu, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 23/12/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 141/2015 registered in Police Station Ramanujganj, District Balrampur Ramanujganj C.G. for offence punishable under section 304-B of Indian Penal Code. 2.

As per the prosecution case, the deceased Soni Sharma was married to the applicant before 3 years of the incident on 3/09/2015. On 3/09/2015 she committed suicide by consuming poison and it is case of prosecution that she was subjected to torture for demand of dowry for car, therefore she committed suicide.

3.

Learned counsel for the applicant submits that incident happened on 3/09/2015 on a trivial issue as the deceased was asked to take leave for a day which was refused for which dispute arose and wife consumed poison and she was not subjected to any cruelty, therefore applicant has been falsely implicated in this case, therefore applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail.

5.

I have perused the case diary and merg enquiry. In merg enquiry statement was recorded of the applicant and statement of mother of the deceased recorded. Considering the statement general allegations have been made against this applicant that demand of car was made. Taking into incident and in between period of marriage and date of commission of offence, no substantial complaint was made, without any observation on merit, 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. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri