Vijay Kumar Kashyap v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5530 of 2016 Vijay Kumar Kashyap, S/o. Late Gouri Kashyap, Aged About 24 Years, R/o. Purandih, P.S. - Ramanujganj, District - Balrampur - Ramanujganj, Chhattisgarh, Civil District- Surguja (Ambikapur), Revenue District - Balrampur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through : P.S. - Ramanujganj, District - Balrampur - Ramanujganj, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. A.K.Prasad, Advocate For Respondent :

Mr. Anupam Dubey, Dy. Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 20.09.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.52/2016 registered at Police Station- Ramanujganj, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 304-B of Indian Penal Code.

2.

As per the prosecution case, one Sanju Devi who was married to the present applicant on 28.04.2016 committed suicide by hanging and she died on the intervening night of 5-6.6.2016. It is alleged that she was subjected to torture for demand of dowry soon before her death; consequently she died an unnatural death and therefore the offence is committed.

3.

Learned counsel for the applicant would submit that the deceased went to his maternal house on 06.05.2016 and she came back on 08.05.2016. Subsequently, she again wanted to go back but she was stopped to go and as such that might have hurt the sentiments

of the deceased and she committed suicide. He further submits that there is no demand of dowry made by the applicant but a complaint of inferior goods have been alleged, which is completely fabricated, therefore, the applicant may be released on bail. 4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the merg statement of the father of the deceased. Considering such statement wherein allegations have been attributed that the deceased was subjected to torture for inferior dowry, I am not inclined to release the applicant on bail. 6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is dismissed.

Sd/- (Goutam Bhaduri) Judge Ashok