Santosh Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 449 of 2019 • Santosh Yadav S/o Shri Bahoran Lal Yadav Aged About 33 Years R/o Behind B.T.I. Ward No.-19, P.S. Janjgir, District- Janjgir-Champa, Chhattisgarh., District : JanjgirChampa, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through P.S. Janjgir, District- Janjgir, Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Non-applicant For Applicant : Shri Virendra Verma, Advocate.

For Non-applicant : Ms. S. Mishra, Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 06.02.2019 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. 561/2018 registered at Police Station - Janjgir, District- Janjgir, Champa, (C.G.) for the offence punishable under Sections 306, alternative 302 of the Indian Penal Code.

3. Case of the prosecution, in brief is that applicant is the husband of deceased Chandni Yadav. Applicant was harassing deceased on account of giving birth to girls only, on doubt of her character, deceased committed suicide.

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, however, submits that there is no antecedent against the applicant.

6. Counsel for the applicant further submitted that in the case in hand the ingredients of Section 306 do not attract.

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