← Library
High Court Of ChhattisgarhMCRC/9898/2018dismissed

Ishwar Dhritlahare v. State Of Chhattisgarh

2019-02-05Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9898 of 2018 • Ishwar Dhritlahare S/o Anjordas Dhritlahare Aged About 30 Years R/o Village Budhwara (Dongripara), P. S. Lormi, District Mungeli CG ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Of Police Station Gourela, District Bilaspur CG ---- Respondent For applicant Mr. Yogendra Chaturvedi, Adv.

For Respondent/State Mr. Vikram Dixit, Govt. Adv.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 5-21. 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. 212/2018 registered in police station Gourela, Distt. Bilaspur (CG) for offence punishable under Section 306 of IPC.

3. Perused the case diary.

4. Prosecution story in brief is that on 1-11-2017 deceased Usha Dahariya and applicant had gone to visit Amarkantak. On 2-112017 a dispute arose between the deceased and the applicant which the deceased could not sustain and committed suicide by jumping into trench.

5. Counsel for the applicant argued that there was love affair between the applicant and the deceased, and for that account, brother of the deceased was unhappy with the applicant and therefore, the applicant has been fastened in the crime. The applicant is innocent and falsely implicated. Hence he may be released on bail.

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

application. However, no criminal antecedent of the applicant is reported in the police case diary.

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

8. Consequently, the MCRC is dismissed.

Sd/- (Sharad Kumar Gupta) Judge pathak