Decided on June 16,2005

Chaitram Gabel Appellant
State Of C G Respondents


- (1.) THE applicant has preferred this application under Section 439 of the Cr.P.C. as he has been arrested in connection with Crime No. 409/04 registered in Police Station- Kharsia, Raigarh, for the offence punishable under Section 304-B/34of the IPC.
(2.) LEARNED counsel for the applicant submits that deceased namely Champabai was married to the present applicant on 24th April 2004. However, she committed suicide by consuming poison on 12-01-2004 and twenty five days thereafter on the basis of the statement of the father and brother recorded during merg inquiry on 03-12-2004 the aforesaid offence was registered against the present applicant and other accused persons. Learned counsel further submits that it is a case of false implication as even during preparation of inquest report by the concerned Tehsildar in the presence of father of the deceased, no suspicion was expressed by the father of the deceased. He also submits there is no evidence that the deceased was subjected to cruelty or harassment in the name of demand of dowry soon before her death. It is also argued that the witnesses have made identical allegations against the father and mother of the deceased who have been enlarged on bail. On the other hand, learned counsel for the State opposes the bail application and submits that just within seven months of the marriage the deceased committed suicide by consuming poison and one independent witness namely Vishram has stated that the deceased used to complain him regarding harassment in the name of demand of dowry and therefore, in these circumstances, the applicant does not deserve to be enlarged on bail. I have heard learned counsel for the respective parties.
(3.) CONSIDERING the facts and circumstances of the case and particularly considering the fact that allegations against the present applicant were made for the first time on 3-12-2004 i.e. more than three weeks after the incident regarding demand of dowry and that other two accused persons against whom similar allegations were made have been enlarged on bail, I consider present to be a fit case where the applicant should be enlarged on bail. Accordingly, the application is allowed and it is directed that in the event of applicant namely Chaitram Gabel furnishing a personal bond in the sum of Rs. 10,000/- with one surety for the like amount to the satisfaction of the concerned Court, he shall be released on bail.;

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