Mukesh Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6080 of 2016 Mukesh Sahu S/o Heeralal Sahu, Aged About 23 Years, R/o Village- Sivnikala, Police Station- Kurud, District Dhamtari, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station- Kurud, District Dhamtari, Chhattisgarh. ---- Respondent For applicant - Shri Awadh Tripathi, Advocate. For Respondent/State - Shri Anupam Dubey, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 4/10/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.31/2016 registered in Police Station Kurud, Distt. Dhamtari (C.G.) for offence punishable under sections 304(B)/34, 306/34 of Indian Penal Code.

2.

As per the prosecution case one Reena Sahu was married to the applicant on 19/04/2014. Thereafter, she was subjected to torture for demand of dowry. Subsequently, she consumed poison on 7/10/2015 and eventually died on 15/10/2015. It is case of the prosecution that the applicant along with other co-accused used to torture the deceased for demand of dowry.

3.

Learned counsel for the applicant submits that co-accused has been released on bail by this court in M.Cr.C. No.3061/2016 on 22/06/2016, therefore applicant may also be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perusal of the case file would show that Bahoran Sahu father of the deceased, Tulendra Kumar Sahu brother of the deceased, one other

witness Premlal Sahu, Arvind Sharma, Draupati Sahu neighbour and Manisha Yadav have been examined. At this stage since number of witnesses have been examined it would not be proper for this court to evaluate the evidence and take over jurisdiction of the trial court while hearing the bail application. In view of this, this court is not inclined to go into merits of this case.

6.

Accordingly, the bail application is dismissed. Considering the fact that number of witnesses have already been examined, trial court is requested to expedite the trial.

Sd/- (Goutam Bhaduri) JUDGE gouri