Maniram Banjare v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2902 of 2017 • Maniram Banjare S/o Rohit Kumar Banjare, Aged About 25 Years Caste Satnami, Occupation Farmer, R/o Village Basanpali, Police Station & Tahsil Kharsiya, District Raigarh, Chhattisgarh. --- Petitioner

Versus

• State of Chhattisgarh through Police Station Kharsiya, District Raigarh, Chhattisgarh. --- Respondent For the applicant :

Mr. Vineet Kumar Pandey, Advocate For the State :

Mr. Suryakant Mishra, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 10.05.2017

1. This is second bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 553 of 2016 registered at P.S. Kharsiya, Distt. Raigarh (C.G) for the offence punishable under Sections 304-B & 498A of IPC.

2. As per the prosecution case, victim Madhu @ Nawdha Banjare has committed suicide by consuming poison within 7 years of marriage as she was married to the present applicant in the year 2017 and it is alleged that she was subjected to torture for demand of dowry, therefore, she consumed poison on 19.10.2016 and died on the said date.

3. Learned counsel for the applicant would submit that this is second bail application and the earlier one was dismissed on 25.01.2017 with liberty to repeat the same after filing of the charge sheet and now the charge sheet has been filed. He submits that the statement of the father will show that no allegations have been attributed to the applicant. He further

submits that the charge sheet has been filed and the applicant is in jail since 25.01.2017, therefore, he may be enlarged on bail.

4. On the other hand, learned State Counsel opposes the prayer.

5. Perused the case diary. The statement of Bola Ram, the father of deceased was recorded on 20.10.2016 wherein no allegations have been attributed, however in subsequent statements of mother Hira Bai and father Bola Ram, the general allegations have been attributed to the applicant.

6. Considering such statements of witnesses and the fact that the charge sheet has been filed; no further investigation is necessary and the applicant is in in jail since 25.01.2017, I am inclined to allow this bail application.

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

Cc as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o