Vikas Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 601 of 2017 Vikas Singh S/o Shri Dinesh Singh, Aged about 35 years, R/o Teachers Colony, B-7, Mangala Bilaspur, PS Civil Line Bilaspur, District Bilaspur, (C.G.) ----Applicant

Versus

State of Chhattisgarh, Through Police Station In Charge PS Civil Line, Bilaspur, District Bilaspur, Chhattisgarh.

---- Non-Applicant For Applicant : Shri Bhupendra Singh, Advocate.

For Respondent/State : Shri Ashish Shukla, Government Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 01/03/2017 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.342/2016, registered at Police Station-Civil Lines, Bilaspur, (C.G.) for the offence punishable under Section 304-B, 34 of the Indian Penal Code. 2.

Case of the prosecution, in brief, is that Smt. Neha Singh, wife of the applicant committed suicide by hanging herself in her matrimonial house. It is alleged that the deceased was married to the applicant and she was subjected to torture and cruelty for demand of dowry. The

marriage had taken place between the deceased and the applicant on 09.05.2015 and the deceased died an unnatural death on 06.06.2016 i.e. within a period of seven years of marriage. 3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case. In fact, the deceased committed suicide as the applicant was having relationship with another girl. The deceased was never subjected to torture in connection with demand of dowry. He further submits that on perusal of the statement of the father and mother of the deceased, it is clear that there was no demand of dowry by the applicant. The charge sheet has already been filed in this case and no further investigation is necessary. Therefore, the counsel prays that the applicant may be enlarged on bail. 4.

On the other hand, learned counsel for the State opposes the bail application.

5.

I have heard learned counsel appearing for the parties and perused the statement of the mother and father of the deceased as also other witnesses.

6.

Considering the nature of the allegations against the present applicant coupled with the fact that the statement of the father and mother of the deceased shows that allegations have been levelled against the applicant of having illicit relationship with some other woman, considering the entirety of the statements and further that the charge sheet has already been filed, this Court is of the opinion that present is a fit case in which the applicant should be enlarged on regular bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

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

9.

Certified copy, as per rules.

Sd/- (Goutam Bhaduri) Judge Amit