Allowed

Ashok Kumar Mandle v. State of Chhattisgarh

Chhattisgarh HC4 Jul 2018MCRC/3206/2018

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. regarding a dowry death case where co-accused were released, the high court allowed bail after noting the absence of a dying declaration and lack of prior dowry allegations by the deceased, permitting release on bond.

What did the court decide?

Bail granted on furnishing a personal bond of Rs.25,000/- with one surety in the like sum.

Ashok Kumar Mandle Vs State of Chhattisgarh — Dowry and Cruelty | Chhattisgarh HC (2018)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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M.Cr.C. No. 3206 of 2018

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Ashok Kumar Mandle S/o Late Sohanlal Mandle Aged About 24 Years R/oSatnami Para Khertha, P.S. Jamul, Tehsil And District- Durg, Chhattisgarh., District : Durg, Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh Through- District Magistrate, Durg, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh.

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---- Respondent

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For the Applicant : Shri B.P. Singh, Advocate. For the Respondent/State : Shri Neeraj Mehta, P.L.

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Hon'ble Shri Justice Rajendra Chandra Singh Samant ORDER

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04.07.2018

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Heard.

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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 in connection with Crime No.1433 of 2018, registered at Police Station – Jamul, District – Durg, Chhattisgarh for the offence punishable under Section 304B/ 34 of the Indian Penal Code.

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Learned counsel for the applicant submits that the applicant is in jail since 19.12.2017 and has been falsely implicated in this case. After completion of investigation, the charge-sheet has been filed. Similarly placed co-accused persons, namely, Smt. Saraswati Bai and Rajendra Kumar Diwakar have been granted bail by this Court in M.Cr.C. No. 759 of 2018, vide order dated 28.03.2018. Hence, it is prayed that the applicant be

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enlarged on bail.

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On the other hand, learned counsels for the State oppose the bail application and the submissions made in this respect. It is submitted that there is clear evidence regarding demand of dowry soon before unnatural death of deceased – Pushplata the wife of the applicant. Hence, no case is made out for grant of regular bail to the applicant.

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Heard counsel for both the parties and perused the case diary.

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Marriage of deceased – Pushplata was performed with the applicant in April, 2017 and she started living in her matrimonial home. It is alleged that she was tortured for demand of dowry while she was living with the applicant. On 4.12.2017, the deceased suffered burn injuries and she was admitted to the hospital where she died during the course of treatment on 9.12.2017. On 14.12.2017, a written complaint was filed by the father of the deceased alleging that the demand of dowry was made by the husband and in-laws of the deceased. Hence, this case.

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Considered the material present in the case-diary. The deceased has earlier filed a complaint on 2.10.2017, during her lifetime alleging misbehaviour of the applicant and no such statement had been made regarding demand of dowry. Further, no dying declaration has been recorded even though the deceased survived about 5 days. The co-accused persons have been granted bail by this Court. Hence, I am of the considered opinion that the applicant deserves to be released on bail.

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Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

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It is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

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Sd/-

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(Rajendra Chandra Singh Samant) Judge

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Nimmi

Ashok Kumar Mandle v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ashok Kumar Mandle v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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