Durgesh v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7647 of 2016 Durgesh S/o Bhagwani Sinha Aged About 24 Years R/o Ward No. 01, Village - Than - Khamhariya, Police Station, Tahsil - Thankhamhariya, District - Bemetara Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through : S. H. O. Police Station - Than - Khamhariya, District - Bemetara Chhattisgarh ---- Respondent For applicant - Shri Vaibhav A. Goverdhan, Advocate. For Respondent/State - Shri Sangarsh Pandey, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 30/11/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.98/2016 registered in Police Station Than-Khamhariya, Distt.-Bemetara (CG) for offence punishable under sections 304-B, 306/34 of Indian Penal Code.

2.

As per the prosecution case, on 6/06/2016 one Sakum Sahu @ Khileshwari committed suicide by setting herself ablaze. She was married to present applicant 1 1⁄2 months prior to the date of incident. It is alleged that the applicant and other co-accused used to treat the deceased with cruelty for demand of dowry and consequently she died in unnatural circumstances.

3.

Learned counsel for the applicant submits that other co-accused Bisahin, Ashok, Bhagwani have been enlarged on bail against whom similar allegations were attributed and the dispute arose on the trivial issue as the deceased was not able to cook and she was made to understand rituals of the house, she could not adjust and committed suicide and the applicant has not committed any offence, therefore the applicant may be released on bail.

4.

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

Perused the statement of the mother. Similar allegations have been attributed to the other co-accused who have been enlarged on bail. Taking into fact omnibus nature of allegation and charge sheet has been filed, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri