Sandeep Kumar Raidas v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8765 of 2018 Sandeep Kumar Raidas, S/o. Krishna Kumar Raidas, Aged About 22 Years, R/o. Village Bargawan, P.S. & Tehsil Marwahi, District Bilaspur, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh, Through Police Station Marwahi, District Bilaspur, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Rakesh Pandey, Advocate For Respondent :

Mr. Aditya Sharma, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 27.11.2018 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.116/2017 registered at Police Station- Marwahi, District Bilaspur (C.G.) for the offence punishable under Section 498-A, 306, 34 of I.P.C. 2.

As per the prosecution case, the applicant was married to one Pushpalata on 25.04.2016 and she committed suicide by hanging on 02.06.2017. It is alleged that the husband/applicant has abetted and treated the deceased with cruelty for demand of dowry, thereby she committed suicide.

3.

Learned counsel for the applicant submits that the applicant is the husband, charge sheet has been filed and reading of the statement of the mother would show that only on trivial issue the dispute arose. He further submits that the main reason for committing suicide is that the financial condition of the deceased

was much better than the applicant and she could not adjust herself; therefore, the applicant may be released on bail. 4.

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

5.

Perused the case diary and statement. Considering the same and the fact that the charge sheet in this case has been filed, I am inclined to release the applicant on bail. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. 6.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok