Sunil v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 596 of 2017 Sunil S/o Gangaram Matre Aged About 25 Years R/o VillageKotgaon, Police Station- Sahaspur Lohara, Civil & Revenue DistrictKabirdham, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through- Station House Officer, Police Station- Sahaspur Lohara, District- Kabirdham, Chhattisgarh. ---- Respondent For applicant - Shri Dharmesh Shrivastava, Advocate. For Respondent/State -Shri Wasim Miyan, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 6/02/2017 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.198/2016 registered in Police Station S/Lohara, District Kabirdham for offence punishable under sections 304(B), 34 of Indian Penal Code.

2.

As per the prosecution case, one Kunti Bai was married to the applicant. She died unnatural death by consuming poison on 15/03/2016. Applicant being husband demanded Rs.20,000/-, motorcycle and other demand were made. Consequently, the applicant treated the deceased with cruelty. Therefore, she died unnatural death within 7 years of the marriage.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case, subsequently allegations have been levelled against the applicant, deceased was not subjected to any torture for demand of dowry, therefore the applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the statement of Yogi Kumar Sahu, Kamlesh Kumar and

also neighbours Sushila Bai, Dharmendra, Naresh. Taking into such merg statement and nature of allegation, without any observation on the 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.

Sd/- (Goutam Bhaduri) JUDGE gouri