Mukesh Agrawal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3363 of 2017 • Mukesh Agrawal S/o Manohar Lal Agrawal, Aged About 32 Years R/o Pooja Apartment, A - 203, Kranti Nagar, Bilaspur, Police Station & Post Tarbahar, District Bilaspur, Chhattisgarh. --- Applicant

Versus

• State of Chhattisgarh through Station House Officer, Police Station Tarbahar, District Bilaspur, Chhattisgarh. --- Respondent For the applicant :

Mr. Awadh Tripathi, Advocate For the State :

Mr.S.R.J. Jaiswal, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 29.06.2017

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. 271 of 2015 registered at P.S. Tarbahar, Distt. Bilaspur C.G) for the offence punishable under Sections 498-A & 304-B with section 34 of IPC.

2. The first bail application was dismissed on 09.08.2016 after hearing on merits.

3. As per the prosecution case, the marriage of deceased Sapna Agrawal was solemnized with co-accused Milan Agrawal, on 24.05.2015 and thereafter on account of cruelty being meted out by the present applicant who is brother-inlaw and co-accused Milan Agrawal (husband of deceased), she set herself ablaze on 10.09.2015 and eventually she died on 16.09.2015, thereby the aforesaid offence was committed.

4. During the course of arguments it was revealed that in

respect of the present applicant, the bail petition was filed before Hon'ble the Supreme Court which was registered as CRLMP No(s). 21114/2016 and the same was dismissed as withdrawn on 02.01.2017 with liberty to the petitioner to take appropriate proceedings in respect of the charge under Section 304B of IPC and thereafter seek relief available to him in accordance with law.

5. Considering the same, I do not find any reason to further consider the bail again on the same ground.

6. Accordingly, this bail application is rejected. Sd/- GOUTAM BHADURI JUDGE R a o