Manish Potai vs State Of Chhattisgarh

These are the two bail applications arising out a Crime No.94/2017 registered at Police Station Ambikapur, District Balrampur, Ramanujganj (C.G.)

for the offence punishable under Sections 304-B & 302 r/w 34 of IPC and Sections 3(ii) & (v) of Scheduled Castes Scheduled Tribes (Prevention of

Atrocities Act), 1989 and Crime No.132/2017 registered at Police Station Rajpur, District Balrampur, Ramanujganj (C.G.) for the offence punishable

under Sections 304-B & 302 r/w 34 of IPC and Sections 3(ii) & (v) of Scheduled Castes Scheduled Tribes (Prevention of Atrocities Act), 1989.

The applicants in MCRC No.1161/2018 are the father-in-law and mother-in-law of the deceased. The applicants in MCRC No.1378/2018 are the

two brother-in-law of the deceased.

The allegation against the present applicants as per the prosecution case is that, the son of the applicants in MCRC No.1161/2018 namely Shakib

Ansari got married to the deceased Devanti in June-2017. The said was intercaste marriage in as much as the husband - Shakib Ansari was Muslim

by religion and the deceased girl belonged to a Hindu Scheduled Tribe community.

It is alleged that the present applicants in connivance with the husband of the deceased used to subject the deceased to ill-treatment, torture and

harassment on demand of dowry and finally the deceased was found dead drowned in a well near the house of the applicants on 28/09/2017. An

F.I.R. in this regard was lodged on 01/10/2017.

The counsel for the applicants submits that it is a case where the husband of the deceased Shakib Ansari after marriage is said to have shifted to a

place known as Luthra, District Bilaspur and there he was residing and working in one of the garage. He submits that for the purpose of celebrating

'Moharram' festival, the deceased and her husband â€" Shakib Ansari had gone to the village Aara where the present applicants are resided i.e. the

matrimonial home of the deceased and there the deceased is said to have died under suspicious circumstances.

According to the counsel for the applicants, the statements which were recorded of the neighbors namely Revati Gond and Vinod Gupta who are

the residents of the village Aara have categorically stated that the deceased and her husband had come for celebrating the 'Moharram' festival during

which period she was found dead of drowned in a well. These statements of the neighbours itself is sufficient indication that the deceased was not

staying at her matrimonial home and had come only to celebrate 'Moharram' festival. Thus there was no occasion of the applicants to have ill-treated,

tortured or harassed the deceased on demand of dowry. It was further contended that, the fact that the deceased and her husband was staying at

village Luthra, District Bilaspur also stands established from the affidavit filed by the owner of the house which the husband of the deceased had

taken on rent i.e. the affidavit of one Sheikh Hamid. This further strengthens the case of the applicants that the deceased was not staying at her

matrimonial home at the time of incident. The counsel for the applicants also stressed upon the age of the applicants i.e. the two brother-in-law who

were too young boys, aged around 23 and 19 years respectively whereas the father-in-law and mother-in-law both aged more than 70 years and for all

these reasons the counsel for the applicants prayed for releasing the applicants on bail.

The State counsel however opposing the bail application submits that it is a case where the statements of the family members of the deceased have

been recorded and all the family members have made a categorical averment of the present applicants subjected the deceased to ill-treatment, torture

and harassment on demand of dowry and which ultimately resulted in the death of the deceased and thus prayed for rejection of bail application.

Having heard the contentions put forth on either side and on perusal of record so also considering the statements of the family members of the

deceased it would reveal that the nature of allegation levelled were all general in nature. That there was no specific instance made by any of the

witness so far as any ill-treatment, torture or harassment on demand of dowry. Moreover, the case of death of the deceased itself is not prima-facie

established to be either suicidal or homicidal as the case diary shown as death by drowning. The possibility of an accidental death also cannot be ruled

out at this juncture.

Considering the total facts and circumstances of the case particularly taking note of the fact that the deceased and her husband were staying away

from the matrimonial home and also considering the period of custody, the age of each of the applicants and the statements of the neighbours, this

Court is of the opinion that, prima-facie, a strong case has been made out for grant of bail to the present applicants.

Accordingly, the application for grant of bail is allowed. It is ordered that the applicants shall be released on bail on their executing a personal bond

for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Trial Court. The applicants shall thereafter appear before

the Trial Court on each and every date given by the said court.