Omprakash Chandrawansi v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1927 of 2017 • Omprakash Chandrawansi S/o Dwarika Chandrawansi Aged About 33 Years Village Naurgaon Kala, Police Station Bodla, District Kabirdham, Chhattisgarh.

--- Appellant

Versus

• State of Chhattisgarh through Station House Officer, Police Station- Bodla, District Kawardha, Chhattisgarh. --- Respondent For the applicant :

Mr. H.S. Ahluwalia, Advocate For the State :

Mr. A. S. Kachhawaha, Addl. A.G.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 12.06.2017

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.149/2016 registered at P.S. Bodla, Distt. Kawardha (C.G) for the offence punishable under Section 304B/34 IPC.

2. As per the prosecution case, one Chitrarekha committed suicide by consuming poison on 24.09.2016. It is alleged that she committed suicide for demand of dowry and she was married to the present applicant in the year 2013 and the unnatural death was within 7 years of marriage. It is also alleged that apart from this, the appellant had illicit relationship with his sister-in-law.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and the other accused have been enlarged on bail and the case of the present applicant is similar to that other accused. He further submits that the charge sheet has been filed and the

applicant is in jail since 02.11.2016, therefore, he may be enlarged on bail.

4. On the other hand, learned State Counsel opposes the prayer.

5. Perused the statement of father of deceased Omkar Chandravanshi as also the statements of Hiralal Chandravanshi and Kesharu Yadav who were present in the meeting which convened in the village before the incident.

6. Considering the statements of witnesses, I am not inclined to allow this bail application. Accordingly, it is rejected. Sd/- GOUTAM BHADURI JUDGE R a o