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Judgment
21 paragraphs · 374 wordsRajani Dubey, J
The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested
in connection with Crime No.92/2021, registered at Police Station - Seepat, Bilaspur, District Bilaspur (C.G.) for the offence punishable under Section
306 IPC.
The prosecution story, in brief, is that on 15.02.2021 at about 12.00 pm, one Mahan Lal informed the police that Aradhana Kachi, wife of present
applicant, committed suicide by hanging herself. During investigation, it was revealed that the deceased was subjected to cruelty for demand of dowry
by the present applicant, based on which, offence under Section 306 has been registered against him. The present applicant has been taken into
custody on 03.03.2021.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the
marriage of applicant with deceased was solemnized in the year 2012 and deceased committed suicide after 9 years of marriage. He also submits that
only allegation against the present applicant is that he used to harass and torture the deceased for demand of dowry. He also submits that the applicant
is in custody since 03.03.2021, charge sheet has been filed and there is no likelihood of his case being decided in near future. Therefore, he may be
released on bail.
On the other hand, learned counsel for the State opposed the bail application.
I have heard learned counsel for the parties and perused the case diary.
Considering the totality of the facts and circumstances of the case, quality of evidence and further considering the fact that the applicant is in
custody since 03.03.2021, charge sheet has been filed and the trial is likely to take some time, without further commenting on merits of the case, I am
inclined to release him on bail.
Accordingly, the bail application is allowed.
It is directed that the Applicant shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one solvent surety for the
like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.