Sakib Ansari vs State Of Chhattisgarh

The applicant has preferred this bail application under Section 439 of Cr.P.C. in connection with Crime No.94/2017 registered at Police Station

Rajpur, District Balrampur - Ramanujganj(C.G.) for the offence punishable under Sections 304-B & 302 r/w Section 34 of IPC and Sections 3(ii) &

(v) of Scheduled Castes Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Present applicant is in jail since 02/10/2017. He is the husband of the deceased â€" Dewanti.

The allegation against the present applicant as per the prosecution case is that, the present applicant got married to the deceased in June-2017 and

thereafter it is said that the present applicant in connivance with the other accused person used to ill-treat and torture the deceased on demand of

Dowry.

The counsel for the applicant submits that, the present applicant has been falsely implicated in the instant case in as much as it was a love-marriage

between the present applicant and the deceased which initially was not acceptable to the family of the present applicant, but lateron it was accepted

and it is the family members who had agreed for holding the marriage and therefore there was no such inimical relationship between the present

applicant and the deceased. He further submits that, all the other family members of the applicant have already been granted bail by this Court on

16/04/2018 in MCRC No. 1161/2018 and 1378/2018. He further submits that, the nature of allegation levelled against the present applicant are similar

in nature as have been alleged against the present applicant. According to the counsel for the applicant, since, the other similarly placed persons have

been released on bail and the present case being identical in nature, the present applicant also deserves to be released on bail. He further submits that,

the present applicant has already remained in custody for a period of about more than 9 months and thus prayed for releasing the applicant on bail.

The State counsel however opposing the bail application submits that, it is a case where there are direct evidences of ill-treatment and torture met

to the deceased, available and therefore the present applicant did not deserve bail at this juncture and thus prayed for rejection of the same.

Having heard the contentions put forth on either side and on perusal of record, undisputedly, the present applicant and the deceased/wife had shifted

from their parental home and were staying separately far away from the residence of their in-laws.

Moreover, when the incident occurred, the present applicant is said to have gone to his parental home for the celebration of 'Moharram' festival.

Further, also the other similarly placed persons have been released on bail and the present case being identical in nature, this Court is of the opinion

that, prima-facie, a strong case has been made out for grant of bail to the present applicant on the ground of parity.

Accordingly, the application for grant of bail is allowed. It is ordered that the applicant shall be released on bail on her 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 applicant shall thereafter appear before the

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