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NAFR

HIGH COURT of CHHATTISGARH, BILASPUR

MCRC No. 7676 of 2021

Mohd. Sayyed Saroj Ali S/o Mohd. Mushkil Ali Aged About 30 Years R/o

Chhoti Bazar, Chirmiri, Police Station Chirmiri, District Koriya

Chhatisgarh., District : Koriya (Baikunthpur), Chhattisgarh

---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Of

Police Station Janakpur, District Koriya Chhattisgarh., District : Koriya

(Baikunthpur), Chhattisgarh

---- Respondent

For Applicant :

Shri Anil Gulati, Advocate

For Non-applicant :

Shri B.L. Sahu, Panel Lawyer

S.B.: Hon'ble Shri Parth Prateem Sahu, Judge

Order On Board

03/01/2022

1. Applicant has filed this application under Section 439 of Cr.P.C. for

grant of regular bail as he has been arrested in connection with

Crime No.104/2021 registered at Police Station- Janakpur, District-

Koriya (C.G) for the offence punishable under Section 306 of IPC.

2. Case of prosecution is that applicant married with deceased

Jharoka Vaishnav (brahmin by caste) on 4.11.2011. On 23.6.2021,

applicant called his wife (deceased) on her mobile phone but she

did not pick up the call and thereafter he asked one Ravindra

Mandal, resident of same village Janakpur to go to resident of his

wife and ask her wife to pick up the call. When Ravindra reached

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to house of applicant and peeped from window, he saw the house

articles were lying in un-arranged manner and the wife of applicant

was hanging by fan of her room. Applicant thereafter reached to

place of residence of deceased wife and lodged morgue to the

concerned police station, based upon which, aforementioned crime

was registered. During course of morgue inquiry, statements under

Section 161 of Cr.P.C. of father, mother and sister of deceased

were recorded. FIR was registered and applicant was arrested in

the aforementioned crime on 3.8.2021.

3. Learned counsel for applicant would submit that applicant has not

committed any offence as alleged against him. Applicant has not

abetted or harassed the deceased who was his wife. She was

Govt. servant and working as Teacher. Place of posting of

deceased is at different village i.e. Janakpur and applicant is

resident of Chhota Bazar, Chirmiri which is little far from place of

posting of deceased. The allegation levelled against applicant in

the statements recorded under Section 161 of Cr.P.C. is only that

applicant was forcing the deceased to wear burka, eat non-veg and

also to change her religion. Hence, the offence as alleged against

applicant would not be attracted.

4. Learned counsel for the State opposes the submission of learned

counsel for the applicant and would submit that in the statements

recorded under Section 161 of Cr.P.C., parents and sister of

deceased, it has come that applicant was continuously

pressurizing the deceased to convert her religion as also to eat

non-veg and to wear burka, hence, there is specific allegation of

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harassment, ill-treatment against applicant.

5. I have heard learned counsel for the parties.

6. Taking into consideration the facts and circumstances of the case,

that the applicant performed court marriage with the deceased on

4.11.2011, the nature of allegation, the period of pre-trial detention,

without commenting anything on merits, I am inclined to allow the

bail application.

7. Accordingly, the bail application is allowed. It is directed that

applicant shall be released on regular bail upon his furnishing a

bail bond in the sum of Rs.25,000/- with one surety in the like sum

to the satisfaction of the Court on the conditions that:-

a) Applicant shall appear before the trial Court regularly on

each and every date, unless exempted from appearance.

b) Applicant shall not, in any manner, tamper with the

prosecution witnesses.

c) If the applicant is found involved in similar offence in the

future, it will be open for the