Shanker Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9669 of 2018 • Shanker Singh S/o Late Dharmsai Aged About 25 Years By Caste Gond, R/o Village Parmeshwarpur, Mohalla, Judwanipara, Police Station And Tashil Ramanujnagar, District Surajpur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Ramanujnagar, District Surajpur CG ---- Respondent For applicant Mr. R.V. Rajvade, Adv.

For Respondent/State Mr. Sumit Jhanwar, PL.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 16-11. This is first 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.

2. The applicant has been arrested in connection with Crime No. 185/2018 registered in police station Ramanujnagar, Distt. Surajpur (CG) for offence punishable under Section 306/34 of the IPC.

3. Perused the case diary.

4. Prosecution story in brief is that applicant is husband of deceased Phuleshwari Singh. Three years ago, the marriage of applicant was solemnized with the deceased. After the marriage, the applicant and co-accused mother-in-law of the deceased used to harass her, used to put her on trouble, they were taunting that she has not given birth to a child. The applicant has also beaten the deceased. The deceased committed suicide by hanging herself in the intervening night of 23rd and 24th of September, 2018.

5. Counsel for the applicant argued that the applicant is innocent and falsely implicated. He further submits that the FIR is delayed. Before death of the deceased, no complaint was made to the community or the society. Co-accused Sajni has been released by the trial Court itself. Hence he may be released on bail.

6. On the other hand, the State Counsel opposed the bail application.

7. Case of the co-accused Sajni is different from that of the present

applicant.

8. Looking to the facts and circumstances of the case, looking to the seriousness of the alleged offence, the evidence available on record and also the impact of granting bail on the society , this Court is not inclined to grant bail to the applicant.

9. Consequently, the MCRC is dismissed.

Sd/- (Sharad Kumar Gupta) Judge pathak