Ramakant Dugga v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8363 of 2018 • Ramakant Dugga S/o Late Harichand Dugga Aged About 26 Years Caste Gond, R/o Basanwahi, Tahsil Charama, District Kanker Chhattisgarh, District : Kanker, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Charama District Kanker Chhattisgarh, District : Kanker, Chhattisgarh ---- Non-applicant For Applicant : Shri Sandeep Shrivastava, Advocate.

For Non-applicant : Shri Neeraj Sharma, Dy. Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 16.11.2018 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with crime No. 119/2018 registered at Police Station - Charama District Kanker (C.G.) for the offence punishable under Sections 306, 201, 498A(1), 506(B) of the Indian Penal Code.

3. Case of the prosecution, in brief is that applicant is the husband of deceased Rewti Bai. The marriage of the applicant and deceased was solemnised on 20.12.2013. Applicant had illicit relationship with another girl. Deceased knew this fact. On account of this fact some quarrel were often happening between them. He was harassing her. On 17.07.2018, he had beaten her. On 18.07.2018, she committed suicide. As per the postmortem report some injuries were found on the body of the deceased. Applicant put off dead body of the deceased from the noose and kept her for cremation.

4. Learned counsel for the applicant argued that the applicant has no criminal background, he is innocent, therefore, he shall be released on bail. 5.

On the other hand, learned counsel for the State opposes the bail application.

6. Counsel for the applicant further argued that there is a faulty investigation. There is no ingredient of Section 306 IPC. Charge sheet has been filed, applicant is in custody since back three months.

7.

Looking to the facts and circumstances of the case, looking to the seriousness of the offence, looking to the impact of granting bail to the applicant on society, the present bail application is rejected.

8. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore