Allowed

Titra v. State of Chhattisgarh

Chhattisgarh HC18 Jan 2019MCRC/10018/2018

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a bail application filed under Section 439 Cr.P.C. for an applicant arrested in a dowry death case. Finding he was not the main accused and no case was made out against him, the court granted bail subject to a personal bond.

What did the court decide?

Application allowed; applicant directed to be released on bail by furnishing a personal bond of Rs. 25,000 with one surety in the like sum.

Titra Vs State of Chhattisgarh — Dowry and Cruelty | Chhattisgarh HC (2019)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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M.Cr.C. No. 10018 of 2018

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Titra S/o Hera Lal Lohar Aged About 55 Years R/o Bahnakhodara, P.S. Chilfi, Tahsil Bodala, District- Kabirdham, Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh Through The Station House Officer, Police Station Chilfi, District- Kabirdham, Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh.

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---- Respondent

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For the Applicant : Shri S.P. Sahu, Advocate.
For the Respondent/State : Shri Adil Minhaj, P.L.

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Hon'ble Shri Justice Rajendra Chandra Singh Samant ORDER

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18.01.2019

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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.24 of 2018, registered at Police Station – Chilfi, District – Kabirdham, 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 has been falsely implicated in this case. The applicant is in jail since 25.10.2018. No case is made out against the applicant on the basis of the material placed before the Court by the prosecution. Hence, it is prayed that the applicant be enlarged on bail.

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On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. It is submitted that there is clear allegation against the applicant in this case that he was involved in making demand of dowry from the parents of the deceased. Hence, the applicant is not entitled for grant of bail.

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

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The marriage of deceased – Shiv Kumari took place with the son of this applicant in the year 2016. The deceased died due to burn injuries on 15.8.2018. In the inquest statement and in the statement under Section 161 of the Cr.P.C. it is alleged that the husband and in-laws of the deceased were engaged in making demand of Rs.1,00,000/- from the parents of the deceased because of which, the unnatural death of the deceased has taken place.

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As it is informed that the charge-sheet has been filed in this case and this applicant does not appear to be the main accused in this case, I feel inclined to grant regular bail to the applicant.

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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 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 trial Court, for his appearance as and when

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directed. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

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Sd/-

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(Rajendra Chandra Singh Samant) Judge

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Nimmi

Titra v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Titra v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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