Harishchandra Sidar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5986 of 2016 Harishchandra Sidar, S/o. Gokul Sidar, Aged About 22 Years, R/o. VillageKathrapali, Occupation- Farmer, Police Station & Tahsil- Gharghoda, District- Raigarh, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through the Station House Officer, Police StationLailunga, District Raigarh, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Vineet Kumar Pandey, Advocate For Respondent :

Mr. Anupam Dubey, Dy. Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 16.11.2016 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.207/2016 registered at Police Station- Lailunga, District Raigarh (C.G.) for the offence punishable under Section 306 & 304(B) of Indian Penal Code.

2.

As per the prosecution case, the deceased committed suicide by consuming poison on 03.07.2016. She was married to the applicant on 06.03.2016 and thereafter she was subjected to torture for demand of dowry by the present applicant; consequently, she died an unnatural death. Thereby, the offence has been committed. 3.

Learned counsel for the applicant would submit that the deceased could not adjust herself in her matrimonial house and therefore she herself had left the house and she consumed poison in her maternal home and only bald allegations have been attributed against the applicant, therefore, he may be released on bail.

4.

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

5.

Perused the case diary and the statement of the father of the deceased recorded on 04.07.2016. Considering the statement of father & mother of the deceased, 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