Dismissed

Karan Dewangan and Anr. v. State of Chhattisgarh

Chhattisgarh HC9 Feb 2021MCRC/304/2021

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh rejected bail applications for three accused charged with abetment of suicide. The court held that the deceased's age and prosecution evidence against creating no merit-based findings but rejected bail pending trial conclusion.

What did the court decide?

Bail applications for three accused persons dismissed with liberty to re-apply if trial not concluded within 5 months.

Karan Dewangan and Anr. Vs State of… — Murder and Culpable Homicide | Chhattisgarh HC (2021)

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Page 1 of 3

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 91 of 2021

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Ishu Miri S/o Shri Tiharu Miri, Aged About 20 Years, R/o Village Samoda, Police Station Arang, District Raipur (C.G.).

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----Applicant

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Versus

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State Of Chhattisgarh, Through Station House Officer, Police Station Arang District Raipur (C.G.).

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---- Non-Applicant For Applicant : Mr. C.R. Sahu, Advocate. For Respondent/State : Mr. Sudhir Sahu, P.L.

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MCRC No. 304 of 2021

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Karan Dewangan S/o Shri Naresh Dewangan, Aged About 19 Years,

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Parmeshwar Chakradhari S/o Shri Bhukhan Lal Chakradhari Aged About 19 Years,

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Both are R/o Village Samoda, Police Station Arang, DistrictRaipur (C.G.)

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----Applicants

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Versus

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State Of Chhattisgarh, Through Station House Officer, Police Station Arang, District- Raipur (C.G.).

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---- Non-Applicant

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For Applicants : Mr. C.R. Sahu, Advocate. For Respondent/State : Mr. Sudhir Sahu, P.L.

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Hon'ble Justice Shri Gautam Chourdiya Order On Board

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Page 2 of 3

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09/02/2021

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1. Heard.

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1. As both theses applications arise out of the same crime number they are being disposed of by this common order.

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1. Applicants Ishu Miri, Karan Dewangan and Parmeshwar Chakradhari have filed First Bail Application under Section 439 of Code of Criminal Procedure, 1973 for grant of bail as they are in jail since 04/11/2020 in connection with crime No. 476/2020, registered at Police Station Arang District Raipur (C.G.) for the offence under Sections 306/34 of Indian Penal Code.

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1. Case of the prosecution, in brief is that on 07/05/2020 complainant Amarlal Kosle lodged a report at the Police Station Arang that on 06/05/2020 his daughter Shivani Kosle (since deceased), aged about 16 years, was sleeping in her room. At about 1'O' clock in the night he came down from the terrace as it was raining and found the room of his daughter locked from inside. On being called, his daughter did not open the room and when he peeped through the window he saw her hanging. Immediately thereafter he pushed open the door, lowered her body down from noose but by that time she had died. During investigation a suicide note was seized by the Police. It is the further case of the prosecution that deceased was having love affair with accused Ishu but he deserted her and that applicants Karan Dewangan and Parmeshwar Chakradhari were continuously harassing her as a result of which she committed suicide.

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1. Learned counsel for the applicants in both the applications submits that the applicants are innocent persons and have been falsely implicated in this case. He further submits that no such act was committed by the applicants amounting to abetment. The applicants are in jail since 04/11/2020, charge sheet has already been filed, no apprehension has been shown by the

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Page 3 of 3

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Police regarding the applicants' absconding or tampering with the evidence in the event of releasing them on bail and therefore, the applicants deserve to be released on bail.

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1. On the other hand, learned counsel for the respondent/State opposes the bail applications.

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1. Heard learned counsel for the parties.

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1. Considering the facts and circumstances of the case, the age of the deceased i.e. 16 years, the case dairy statements of Amarlal Kosle, Prabhat Kosle, Manju Kosle and Rajendra Kosle who are father, brother, mother and uncle of the deceased wherein they have stated that the deceased left a suicide note that she was having love affair with applicant Ishu Miri who deserted her and that the applicants thereafter were defaming her by making objectionable comments on her through WhatsApp, the report of the handwriting expert confirming the handwriting of the deceased in the suicide note, the screenshot of the mobile of the deceased seized by the Police wherein she has marked the applicants through arrow sign as the persons responsible for making her commit suicide and written, “Ye ladke ladki ko pyaar me fas ke use sath galta Kate hai or use chhod dete hai ”, and the other material collected by the prosecution, without commenting anything on merits of the case, this Court is not inclined to release the applicants on bail. Accordingly, both the bail applications are rejected. However, if the trial is not concluded within a period of 5 months from today, the applicants shall be at liberty to repeat their prayer for bail.

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-Sd/-

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(Gautam Chourdiya) Judge

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Chandrakant

Karan Dewangan and Anr. v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Karan Dewangan and Anr. v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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