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2014 DIGILAW 298 (CHH)

Darshan Mugutwar v. State of Chhattisgarh

2014-08-07

P.SAM KOSHY

body2014
ORDER 1. This is the first application filed under Section 439 of Cr. P.C. for grant of bail to the applicant-accused who has been arrested on 29.5.2014 in connection with Crime No. 269/2014 registered in Police Station - Mohan Nagar, District Durg, for the offence punishable under Section 306 r/w 34 of I.P.C. As per the prosecution story, allegation against the present applicant-accused is that he along with other co-accused i.e. his father and mother, is said to have ill-treated his wife Priyanka Mugutwar (the deceased) from the time of her marriage and had also been subjected her to cruelty, on account of which she took the extreme step of ending her life by jumping from Dhamdha Naka over-bridge at Durg. 2. Learned counsel for the applicant refers to the dying declaration recorded of the deceased on 15.5.2014 and also the statement of the deceased given under Section 161 Cr. P.C. and submits that in both the aforesaid statements, there is no specific allegation of any overact on the part of the present applicant-accused which forced the deceased to commit suicide on 13.5.2014. In addition, learned counsel for the applicant submits that the father and mother of the present applicant-accused have already been enlarged on anticipatory bail by this Court. 3. Learned counsel for the State, however, opposes the bail application and refers to the statement of the mother of the deceased wherein she has stated that her daughter (the deceased) was being subjected to ill-treatment and cruelty by the family members of the present applicant-accused in connection with demand of a motorcycle. 4. Considering the total facts and circumstances of the case, particularly, keeping in view the dying declaration of the deceased and also the statement under Section 161 Cr. P.C. of the deceased wherein there is no specific allegation or instance quoted by the deceased which forced her to commit suicide, I am of the view that it is a fit case where the applicant-accused can be released on bail. Accordingly, the application filed under Section 439 of Cr. P.C. is allowed. It is directed that in case if the applicant-accused furnishes a personal bond for a sum of Rs. Accordingly, the application filed under Section 439 of Cr. P.C. is allowed. It is directed that in case if the applicant-accused furnishes a personal bond for a sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the concerned trial Court, then he shall be released on bail on the following further conditions:-- (i) that the applicant 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/her from disclosing such facts to the Court or to any police officer; (ii) that the applicant shall not act in any manner, which will be prejudicial to fair and expeditious trial; and (iii) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.