Durgesh Vishwakarma @ Sonu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Durgesh Vishwakarma @ Sonu S/o Ashok Vishwkarma Aged About 23 Years R/o Amraiyapara, Out Post Manikpur, Police Station Kotwali, Korba, District Korba Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer Out Post Manikpur, Police Station Kotwali, Korba, District Korba Chhattisgarh.

---- Respondent For Applicants :- Shri Dharmesh Shrivastava, Advocate For State :- Shri K.K. Singh, G.A.

Order On Board By Hon'ble Shri Justice Prashant Kumar Mishra 22/08/2019

1. This is the first bail application 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.900 of 2018, registered at Police Station Kotwali, Out Post- Manikpur, District - Korba (CG) for the offence punishable under Sections 304-B, 34 of I.P.C.

2. The applicant was in love with the deceased and subsequently they eloped and performed marriage which was opposed by his parents. The applicant and the deceased were residing separately from his parents. It is alleged that applicant's parents i.e. the mother-in-law and father-in-law of the deceased were demanding Rs.2 Lacs from her or from her mother to allow the applicant and the deceased to reside with them. The said demand has not been referred as demand of dowry in the statement of witnesses. The parents of the applicant were allowed bail by this Court vide order dated 18.06.2019 in MCRC No.2875 of 2019 with observation that whether or not the subject demand would constitute dowry shall be examined by the trial Court and that the same appears to be a debatable issue.

3. On the date of incident the applicant allegedly denied permission to the deceased to visit her parental house to celebrate Rakshabandhan Festival. This appears to be immediate cause of commission of suicide by the deceased.

4. Considering the entire fact situation of the case and for the

reason that the applicant is in jail since 10.11.2018, I am inclined to release the applicant on bail. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

SD/- (Prashant Kumar Mishra) Judge Ayushi