Advocates:
['VIKASH PANDEY', '', 'AKATH KUMAR YADAV', 'A G']

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

(Proceedings through Video Conferencing)

MCRC No. 192 of 2021

• Rasid Khan, S/o Salahudin Khan, Aged About 36 Years,

Residence of Basen, Thana Pasta, District- Balrampur-

Ramanujganj, Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh, Through: Police Station Pasta, District-

Balrampur-Ramanujganj, Chhattisgarh. ---- Non-Applicant

For Applicant

:

Shri A.K. Yadav, Advocate

For Non-Applicant/State

:

Shri Anand Verma, G.A.

Hon'ble Justice Shri Gautam Chourdiya

Order on Board

08.06.2021

1. This is the first bail application filed under Section 439 of the

Code of Criminal Procedure, 1973 for grant of regular bail to the

applicant, who has been arrested on 03.09.2020 in connection

with Crime No. 59/2020, at Police Station- Pasta, District-

Balrampur-Ramanujganj (C.G.) for the offence punishable under

Section 306, 498 A of IPC.

2. As per prosecution case, the present applicant solemnized love

marriage with the deceased in the year of 2006. After few years

of marriage the present applicant started quarrelling with the

deceased for demand of dowry, for this reason the parents of the

deceased gave 30,000/- cash to the applicant. In-spite of this,

the applicant in the name of vehicle and land, started harrassing

the deceased mentally and physically, and due to this continuous

ill treatment, on 03.09.2020 at 10.15 a.m. she committed suicide

by consuming poison.

3. Learned counsel for the applicant submits that the allegations

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against the applicant are false and fabricated. He submits that

the marriage was solemnized about 14 years ago and during this

period there was no single complaint lodged against the

applicant. Charge-sheet has already been filed, due to COVID-

19 the trial has not yet commenced and will take sufficient time

for its disposal. It is submitted that the applicant has no criminal

antecedents and he is in jail since 03.09.2020, therefore, at this

stage, he may be granted bail.

4. On the other hand, learned counsel for the Non-Applicant/State

opposes prayer for grant of bail and submits that the present

applicant used to assault the deceased in connection with

demand of dowry, as a result of which the deceased committed

suicide by consuming poision. However, the applicant has no

criminal antecedents.

5. Having considered the submission made by learned counsel for

the parties, taking into consideration the nature of allegation, 14

years of marriage of the applicant and deceased, no injury was

found on the body of the deceased as per post-mortem report

and also it is not mentioned in inquest report, charge-sheet has

already been filed, detention period of the applicant, who is 36

years old, the fact that the applicant has no criminal antecedents,

there is no likelihood of the applicant tampering with the

prosecution evidence or absconding as admitted by both the

counsels and due to COVID-19 situation, conclusion of trial may

take some time, therefore, without commenting anything on

merits of the case, the application is allowed.

6. It is directed that in the event of the applicant executing a

personal bond for a sum of Rs.50,000/- with two sureties of Rs.

25,000/- each to the satisfaction of the concerned Trial Court, he

shall be released on bail on following conditions:-

(a) he shall not directly or indirectly make any

inducement, threat or promise to any person

acquainted with the facts of the case so as to

dissuade him from disclosing such fact to the

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Court.

(b) he shall not act in any manner which will

be prejudicial to fair and expeditious trial, and

(c) he shall appear before the trial Court on

each and every date given to him by the said

Court till disposal of the trial.

(d) he shall strictly follow the COVID-19

protocol

issued

by

the

Central

Government/State

Government/Local

Authority,

(