High Court Of ChhattisgarhMCRC/6761/2019rejected

Ashu Dewangan v. State Of Chhattisgarh

2019-12-04Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6761 of 2019 Ashu Dewangan S/o Shri Ram Khilawan Dewangan Aged About 24 Years R/o Nayapara, Bemetara, Police Station, Tahsil And District Bemetara, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer Bemetara, District Bemetara, Chhattisgarh ---- Respondent For applicant Mr. Sarfaraj Khan, Adv.

For Respondent/State Mr. Suyash Dhar, PL.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 4-121. This is second bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court. His first bail application being MCRC No. 3672/2019 was dismissed considering the prima facie case against the applicant vide order dated 20-6-2019.

2. Perused the case diary provided by the counsel for the State in connection with Crime No. 249/2019 registered at Police StationBemetara, District- Bemetara (C.G.) for the offence punishable under Section 306 of Indian Penal Code, 1860.

3. Case of the prosecution, in brief is that deceased Ranu @ Ruma Verma was 24 years old. She was a resident of village Khurush Board. There was love affair between deceased and applicant. Applicant deceived her. Deceased consumed poison on 13.12.2018, she was brought to hospital where she died on the very day.

4. Learned counsel for the applicant submits that applicant has no criminal background, he is innocent and has been falsely implicated in the present case. He further submits that the

applicant had preferred a revision against the charge, thus he may be released on bail.

5. On the other hand, learned counsel for the State opposes the bail application, however, submits that there is no criminal antecedent against the applicant in police case diary.

6. Looking to the facts and circumstances of the case, this Court finds that there is no material such change in circumstance which may entitle the applicant for grant of bail.

7. Consequently, the instant second bail application is rejected. Sd/- (Sharad Kumar Gupta) Judge pathak