Allowed

Zahoor Ali v. State of Chhattisgarh

Chhattisgarh HC22 Apr 2022MCRC/2299/2022

Case brief

AI extract

What is this about?

This is a bail application under Section 439 CrPC. The High Court of Chhattisgarh allowed the bail of an applicant facing charges under Section 304-B IPC for dowry-related dowry death. The court noted changed circumstances, including seven witnesses examined and no apprehension of tampering.

What did the court decide?

Application allowed; applicant released on personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each.

Zahoor Ali Vs State of Chhattisgarh — Pension and Retirement Benefits | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 2299 of 2022

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Zahoor Ali S/o Late Shri Nasir Ali, Aged About 30 Years, R/o Near Sindhi Gurudwara, Devendra Nagar, Sector 3, P.S. Ganj, Raipur 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 (S.H.O.) P.S. Ganj, District Raipur (C.G.).

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---- Non-Applicant

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For Applicant : Mr. Devershi Thakur, Advocate. For Non-Applicant/State : Ms. Usha Chandrakar, P.L.

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Hon'ble Shri Justice Gautam Chourdiya

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Order on Board

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22/04/2022

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1. This is the Second Bail Application filed under Section 439 of Code of Criminal Procedure, 1973 for grant of bail. The First Bail Application i.e. MCRC 5569/2020 was dismissed as withdrawn on 24/11/2020.

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1. The applicant is arrested on 13/06/2020 in connection with Crime No. 106/2020 registered at Police Station Ganj, District Raipur (C.G.) for the offence under Section 304-B of Indian Penal Code.

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1. As per prosecution case, on 09/06/2020 in between 02:00 AM to 04:00 AM, Shabab Bano, wife of the applicant, committed suicide by hanging. During merg inquiry, in their statements the mother and brother of the deceased alleged that soon after marriage, the applicant was harassing and ill treating the deceased in connection with demand of dowry as a result of which she committed suicide.

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1. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. The deceased

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Page 2 of 3

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was suffering from anxiety and B.P., earlier also she attempted to commit suicide on 09/05/2019 which was reported by the applicant to the Police. The applicant never committed cruelty with the deceased for dowry. He submits that till date 07 witnesses have been examined before the Trial Court and none of them have supported the prosecution case. He submits that the applicant is in jail since 13/06/2020. He submits that there is no apprehension of the applicants tampering with the evidence or absconding and conclusion of the trial is likely to take some time. Therefore, the applicant be released on bail.

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1. On the other hand, learned counsel for the State opposes the bail application.

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1. I have heard learned Counsel for the parties.

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1. Considering the facts and circumstances of the case, the fact that the first bail application of the applicant is dismissed as withdrawn on 24/11/2020 and since then 07 witnesses have been examined before the Trial Court, looking to the depositions of these witnesses, the fact that conclusion of trial may take some time, in the changed circumstances, the fact that there is no apprehension of the applicant tampering with the evidence or absconding as admitted by both the counsel and therefore, in the changed circumstances, the application is allowed . It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- to the satisfaction of the concerned Trial Court, he shall be released on bail on the following conditions:-

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i. he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court,

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ii. he shall not act in any manner which will be prejudicial to fair and expeditious trial,

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iii. he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial,

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iv. he shall strictly follow the COVID-19 protocol issued by the Central Govt./State Govt./Local Authority,

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v. he shall not involve himself in any offence of similar nature in future.

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Let a copy of this order be forwarded to the concerned Police Station forthwith who shall inform the trial Court in the event of applicant involving himself in similar offence in future.

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-Sd/-

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(Gautam Chourdiya) Judge

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Chandrakant

Zahoor Ali v. State of Chhattisgarh

Case brief

What is this about?

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Zahoor Ali v. State of Chhattisgarh

Case brief

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