Daymand Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9531 of 2018 Daymand Sahu, S/o Shri Darashram Sahu, Aged About 28 Years, R/o Village- Pawani, P. S. & Tahsil- Bilaigarh, Civil & Revenue District- Balodabazar-Bhatapara (C.G.) ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police StationBilaigarh, Civil & Revenue District- Balodabazar-Bhatapara (C.G.) ---- Respondent ------------------------------------------------------------------------------------------- For Applicant :

Mr. Sunil Sahu, Advocate.

For State :

Mr. Vivek Sharma, G.A.

------------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 05/12/2018 1.

Heard on admission.

2.

Admit.

3.

This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 04.08.2018 in connection with Crime No. 175/2018 registered at Police Station- Bilaigarh, Civil & Revenue District- Balodabajar-Bhatapara (C.G.), for the offence punishable under Section 304-B/34 of IPC. 4.

In the present case, name of the deceased is Smt. Sushila Sahu, who married with the present applicant on 23.04.2017. It is alleged that present applicant and other four co-accused have demanded gold and cash from the deceased in dowry and harassed her, that is why she committed suicide.

5.

Learned counsel for the applicant submits that there is no statement against the present applicant regarding harassment or demand of dowry, therefore, the applicant may be enlarged on bail.

6.

On the contrary, learned State counsel opposes the application for grant of bail.

7.

Looking to the allegations which is general in nature and as no injury mark was found on body of the deceased, without further commenting on merits of the case, I am inclined to release the applicant on bail.

8.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs. 25,000/- with one local surety in the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial court regularly on each and every date, unless exempted from appearance.

Certified copy as per rules.

Sd/- (Ram Prasanna Sharma) Judge Arun