The High Court of Chhattisgarh considered a second bail application under Section 439 Cr.P.C. In cases of dowry death (304-B IPC) and cruelty (498-A IPC), the court found no change in circumstances from the first rejected application and refused bail, noting the accused had absconded.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
M.Cr.C. No. 2967 of 2023
---- Applicant Versus • State of Chhattisgarh, Through : Police Station – Ratanpur, District Bilaspur (C.G.) ---- State/Non-Applicant For Applicant : Mr. K.P.S. Gandhi, Advocate For Non-Applicant/State : Mr. Himanshu Sharma, Panel Lawyer
Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board
27.07.2023
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over her body. On 08.01.2022 she was referred to CIMS Hospital, Bilaspur where she was declared dead. There is allegation of demand of dowry and cruelty against the present applicant and one criminal case for offence punishable under Section 323, 194, 498-A/34 bearing Crime No. 15/2017 is pending against the applicant and his parents. After death of Bhavana Dixena merg intimation was given and on the basis of merg inquiry, F.I.R. was registered for the offences mentioned above against the accused persons including the present applicant.
Sd/- (Rakesh Mohan Pandey) Judge
vatti
2 issues framed by the court
Whether there are sufficient grounds to grant bail in the second application filed for offences under Section 304-B and 498-A IPC.
Whether the existing circumstances have changed to warrant entertaining the second bail application.
1 provisions across 1 enactments
Madhav Dixena @ Jagmohan
State of Chhattisgarh
Rakesh Mohan Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
