2024:CGHC:33238 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6062 of 2024 Ramnandan Jaiswal S/o Late Ramadhar Jaiswal Aged About 65 Years R/o Village - Rameshpur, P.S. - Raghunathnagar, District -

Balrampur - Ramanujganj (C.G.)

... APPLICANT versus State of Chhattisgarh Through P.S. - Raghunathnagar, District -

Balrampur-Ramanujganj (C.G.)

---------RESPONDENT ----------------------------------------------------------------------------------------------------

For the Applicant : Mr. A.K. Yadav, Advocate For the State : Mr. Pramod Shrivastava, Dy. GA ----------------------------------------------------------------------------------------------------

Hon'ble Shri Justice Narendra Kumar Vyas

Order on Board

30.08.2024

1. The applicant has preferred the first bail application under Section

483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in connection with Crime No. 31 of 2024 registered at Police Station- Raghunathnagar, Balrampur, Ramanujganj (C.G.) for the offence punishable under Section 302,201, 304(B) read with 34 of the IPC.

2. Case of the prosecution, in brief, is that merg intimation No. 21 of

2024 under Section 174 CrPC was registered and on the basis of merg intimation, FIR was registered against unknown person thereafter postmortem was conducted of the deceased wherein cause of death was asphyxia due to strangulation time since death 12-24 hrs, prior to PM conducted nature of death was homicidal. Further case of the prosecution is that on 30.04.2024 after taking dinner Durgawati and her husband went to sleep and when he woke up at 2.30 PM in the night, he did not find his wife thereafter he started to search his wife and on next day at about 6.00 AM his mother informed him that his wife committed suicide by handing in the tree. During investigation, the police arrested the applicant on the allegation that the deceased was subjected to torture by the application for demand of dowry, thereby the offence has been committed.

3. Learned counsel for the applicant would submit that the applicant is innocent and she has been falsely implicated in the case. He would further submit that the applicant was residing separately with the deceased and her husband and the statement was recorded under Section 161 CrPC wherein nobody has narrated involvement of the applicant in crime in question. He would further submit that from perusal of Doctor’s report the deceased committed suicide by handing at that time she was carrying 7-8 weeks of pregnancy which is not possible as the marriage was solemnized on 22.06.2023 and the deceased committed suicide on 30.04.2024 which clearly reflect that before marriage she was pregnant. He would further submit that there is no material collected by the prosecution against the applicant and he is jail since 19.07.2024 and the charge sheet has been filed and would pray for releasing him on regular bail.

4. On the other hand, counsel for the State opposes the bail application and would submit that the applicant demanded Rs. 4 lakhs from the deceased as dowry at the time of marriage. He would further submit that brother of the deceased has given similar statement that the family members of the deceased have tortured her in the name of dowery. He would further submit that charge sheet has been filed and trial is to be began shortly and would pray for rejection of bail application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Considering the material available in the case diary and the fact that the deceased and her husband were living in a separate house no such, prima-facie material has been collected by the prosecution to connect the applicant with commission of crime and the fact that the charge sheet has been and the applicant is in jail since 19.07.2024, I am inclined to allow this bail application.

7. Accordingly, the bail application filed by applicant is allowed. It is ordered that the applicant shall be released on bail on his executing a personal b