Research › Search › Judgment

Chhattisgarh High Court · body

2012 DIGILAW 41 (CHH)

BHUVALRAM SONKAR v. STATE OF C. G.

2012-02-01

MANINDRA MOHAN SHRIVASTAVA

body2012
ORDER Heard. The applicant has been arrested on 15/12/2011 in connection with crime No. 238/11 registered at police station - Dongargaon, District - Rajnandgaon for alleged commission of offence under Section 458, 354 and 306 of IPC. The case of the prosecution is that the applicant entered the house of the deceased in the mid night and attempted to outrage her modesty due to which the deceased committed suicide. Learned counsel for the applicant submits that the applicant has been involved only on suspicion after the deceased died on 11/11/2011. He submits that the deceased in her dying declaration which was recorded on 6/11/2011, did not name the applicant and the story of the prosecution that five days after the incident, she disclosed this fact to her sister-in-law - Tameshwari, is also highly doubtful because this fact was disclosed by her after the death of the deceased and not before that. He submits that the alleged recovery of wearing apparel i.e. shawl is not a material evidence, in the absence of there being any identification of the shawl to show that it belongs to the applicant. On the other hand, learned State counsel submits that the statements of Tameshwari recorded under Section 161 Cr. PC on 16/11/2011 show that the deceased had disclosed to Tameshwari on 10/11/2011 that the applicant had entered her house but she could not disclose this fact because of the threat given by the applicant. He submits that the wearing apparel i.e. shawl which has been recovered belongs to the applicant which connects him with the alleged offence. The dying declaration recorded on 06/11/2011 in the presence of the Executive Magistrate does not involve the applicant and it has been stated that some unknown person has entered the house. Though Tameshwari stated that she was informed by the deceased on 10/11/2011 that the applicant entered the house, till the death of the deceased, this fact was not disclosed by Tameshwari. Tameshwari's statement has been recorded on 16/11/2011, when for the first time the name of the applicant has been involved. The wearing apparels alleged to be recovered from the spot, prima facie does not show any specific identification mark. Taking into consideration the aforesaid circumstances, considering that the applicant is in jail since 15/12/2011 and charge sheet has been filed, I am inclined to grant bail to the applicant. Accordingly, the application is allowed. The wearing apparels alleged to be recovered from the spot, prima facie does not show any specific identification mark. Taking into consideration the aforesaid circumstances, considering that the applicant is in jail since 15/12/2011 and charge sheet has been filed, I am inclined to grant bail to the applicant. Accordingly, the application is allowed. It is therefore directed that applicant - Bhuvalram Sonkar shall be released on bail on his furnishing a personal bond in the sum of Rs. 10,000/- along with one surety for the like amount to the satisfaction of the concerned trial Court. He shall appear before the Court below on the date as directed by the concerned Court, unless exempted from appearance. Certified copy as per rules. Application Allowed.