Ramnath Sethiya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6812 of 2018 Ramnath Sethiya S/o Dayaram Aged About 25 Years R/o School Para, Village- Puspal, P.S.- Frezerpur, District- Bastar, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through The Police Station- Para, Frezerpur, District- Bastar, Chhattisgarh.

---- Respondent For the Applicant :

Shri P.K. Tulsyan, Advocate For the State :

Shri Neeraj Sharma, Dy. Govt. Advocate ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /10/2018

1. This is the First Bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the counsel for the State in connection with the Crime No.66/2018 registered at Police Station Parpa/Frejerpur, District Bastar (C.G.) for the offence punishable under Sections 498 (A), 307 and 304 (B)/511 of IPC.

3. Case of the prosecution, in brief is that applicant is the husband of complainant Smt. Kamla Sethiya. They are the resident of School Para, Uspal, District Bastar (C.G.). The marriage of the applicant and complainant was solemnized on 22/04/2015. Soon after the marriage applicant was harassing her on account of bring the vehicle from her paternal house as dowry. On 22/04/2018 he beaten her and forced to consume pesticides to her. She was got admitted in the hospital for treatment.

4. Counsel for the applicant submits that applicant is innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that there is no antecedents against the applicant.

6. Counsel for the applicant further drew my attention on the statements of Vimla, Bhimbvati, Guruwari and Parwati recorded under Sections 161 and 164 of CrPC and FSL report, these are the subject matter of the scrutiny of evidence could be done by the trial Court at the time of disposal of the case.

7. Looking to the facts and circumstances of the case, looking to the seriousness of the alleged offence and also the impact of granting bail on the society, this Court is not inclined to grant bail to the applicant.

8. Consequently, the MCRC is dismissed.

Sd/- (Sharad Kumar Gupta) Judge Kamde