Santosh Baag v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5945 of 2019 • Santosh Baag S/o Shri Ghurughuttu Aged About 49 Years, R/o Village Luthurband, Police Station Titlagarh, District-Balangir (Odisha) At Present R/o Storepara, Purana Bhilai, District Durg, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : The District Magistrate, Durg, Police Station G.R.P. Bhilai, District Durg, Chhattisgarh. ---- Respondent For Applicant :

Mr. Vivek Chopda, Adv.

For Respondent/State :

Mr. Wasim Miyan, PL.

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Hon'ble Smt. Justice Rajani Dubey Order on Board 18.11.2019

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 66/2019 registered at Police Station G.R.P. Bhilai 3, District-Durg (C.G.) for the offence punishable under Section 304-B read with section 34 of the IPC.

2. The prosecution story, in brief is that, on 10.07.2019, daughter-inlaw of the applicant committed suicide by hanging herself. It has been further alleged that she has committed suicide because of regular demand of dowry by the applicant and his son. Based on this offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the applicant is father-in-law of the deceased, and the main accused person is the husband of the deceased. The applicant is in jail since 25.07.2019, there is no

likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the facts that the applicant is the father-in-law of the deceased and the main accused is the husband. The present applicant is in jail since 25.07.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu