LAXMINARAYAN DHRUV vs STATE OF CHHATTISGARH

This is an application filed under Section 439 Cr.P.C. for grant of bail to the applicant, who has been arrested in connection with Crime

No.148/2017 registered at Police Station Pali, District Korba (C.G.) for the offence punishable under Section 306 of IPC.

The present applicant is in jail since 17.08.2017 in connection with

The case against the present applicant as per prosecution is that, the wife of the present applicant namely Premabai is said to have committed

suicide by setting herself ablaze after pouring kerosene on 01/07/2017. The deceased died on 05/07/2017. It is said that because of the circumstances

which were created by the present applicant, she took the decision of committing suicide.

The counsel for the applicant submits that there are three statements in the case diary. Two dying declarations, one recorded before the Court and

the other recorded before the police, in addition there is also a statement of the prosecutrix recorded while she was alive all of which shows that there

is no ingredients with which the offence under Section 306 of IPC could be established and thus prayed for releasing the applicant on bail.

The State counsel however opposing the bail application submits that, the present applicant after having married the prosecutrix also entered into a

relationship with another lady and which gave rise to fight between the present applicant and the deceased. Subsequently, the deceased is said to have

poured kerosene over her and set her ablaze.

Taking into consideration the entire facts and circumstances of the case particularly taking note of the statement of the prosecutrix both before the

police authorities as well as the dying declaration, this Court does not find prima-facie the ingredients required for making

Thus, this Court is of the opinion that the present applicant deserve

Accordingly, the application for grant of bail is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in

the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court for his appearance before the said Court as and

when directed.