Sukhi Ram Chouhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5453 of 2019 • Sukhi Ram Chouhan, aged 40 years, S/o Shri Devnath Chouhan, R/o Sonamani Bhimdafai, Chirmiri, District Koriya (C.G.) ---- Applicant

Versus

• State of Chhattisgarh Through : Police Station - Tikrapara, District Raipur (C.G.) ---- Respondent For Applicant :

Shri J.K. Gupta, Advocate For Respondent :

Shri Sameer Sharma, Dy. G.A.

Hon'ble Smt Justice Rajani Dubey Order on Board /10/2019 1.

The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.457/2019, registered at Police Station - Tikrapara, District Raipur (C.G.) for the offence punishable under Section 306 IPC.

2.

The allegation against the present applicant is that he used to harass his wife deceased Pinky Chouhan on demand of dowry right from their marriage, as a result of which, deceased Pinky Chouhan committed suicide. Based on this, offence has been registered. Present applicant has been taken into custody on 22.07.2019.

3.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He

further submits that deceased Pinky Chouhan was having affair with some other person and she did not listen despite many counsellings against it and committed suicide. He also submits that the applicant is in custody since 22.07.2019, charge sheet has not been filed and there is no likelihood of his case being decided in near feature. Therefore, he may be released on bail.

4.

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

5.

I have heard learned counsel for the parties and perused the record.

6.

Considering the facts and circumstances of the case, quality of evidence and further considering the fact that the applicant is in custody since 22.07.2019 and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail. 7.

Accordingly, the bail application is allowed. 8.

It is directed that the Applicant shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Sd/- (Rajani Dubey) Judge vijay