Manoj Kumar Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7515 of 2016 • Manoj Kumar Singh S/o Gendlal Singh Aged About 21 Years R/o Village Pondi, Police Station - Janakpur, District Korea Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through, Station House Officer, Police Station Janakpur, District Korea Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------------- For Applicant :

Mr. Awadh Tripathi, Advocate For Respondent/State :

Mrs. Sunita Jain, Panel Lawyer -------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 28-11-2016

1. This is first bail application filed undser Section 439 of the Cr.P.C., for grant of regular bail to the applicant who has been arrested on 7-7-2016 in connection with Crime No. 92 of 2016 registered at Police Station Janakpur, District Korea (CG) for the offence punishable under Sections 498-A, 306, 304-B, 302, 201 of the IPC.

2. Case of the prosecution, in brief, is that on 10-10-2016 a report was made by the complainant that deceased Droupadi was married to the present applicant and in the intervening night of 8/9/10-2016 she died out of burning. It is alleged that she died unnatural death because she was subjected to cruelty for demand of dowry.

3. Learned counsel appearing for the applicant would submit that the general allegations have been attributed to the present applicant that deceased was subjected to cruelty for demand of dowry.

There is no evidence against the applicant. The statement of the father of the deceased would show that initially deceased came with her husband to her parental house and no allegations were attributed to the present applicant. He would further submit that charge-sheet has been filed in this case, the applicant is in jail since 7-7-2016 and no further investigation is necessary, therefore he may be enlarged on bail.

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

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

6. Perused the statements of the father, mother and sister of the deceased who also went to the spot.

7. Taking into consideration all the facts and circumstnces of the case, nature and gravity of the offence and further considering the statements of parents and sister of the deceased, I am not inclined to release the applicant on bail.

8. Accordingly, the application filed under Section 439 of the Cr.P.C., is liable to be and is hereby dismissed.

Sd/- (Goutam Bhaduri) Judge Raju