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2024:CGHC:28383
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 4987 of 2024
1. Gufran Raza S/o Late Roshan Ali Noori Aged About 35 Years R/o
Opposite Tamanna General Stores, Shiv Nagar, Santoshi Nagar, P.S.
Tikrapara, District Raipur, Chhattisgarh
... Applicant
versus
1. State Of Chhattisgarh Through Station House Officer (S.H.O.) Police
Station- Tikrapara, District Raipur, Chhattisgarh
... Respondents
For Applicant : Mr. Devershi Thakur, Advocate
For Respondent : Mr. Ajay Pandey, G.A.
Hon'ble Shri Justice Parth Prateem Sahu
Order On Board
31/07/2024
1. Applicant has filed this first bail application under Section 439 of
the Code of Criminal Procedure, 1973 for grant of regular bail as
he has been arrested in connection with Crime No.21 of 2024,
registered at Police Station – Tikrapara, District – Raipur (C.G.)
for offence punishable under Section 304(B)/34 of the Indian
Penal Code.
2. Case of the prosecution, in brief, is that on 2.11.2023 Rukhsar
Digitally signed
by BALRAM
PRASAD
DEWANGAN
Date: 2024.08.03
14:31:38 +0530
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Begum committed suicide by hanging herself in her matrimonial
home. Merg was reported in the concerned police-station and
after merg enquiry, aforementioned crime was registered against
applicant (husband), mother-in-law (Naseem @ shahzadil
Begum) and brother- in-law (Rehan Raza) of deceased.
Applicant was arrested on 6.1.2024.
3. Learned counsel for applicant would submit that the applicant has
been falsely implicated in instant crime. He has not committed
any offence as alleged. There was no harassment at any point of
time with regard of demand of any dowry. There were some petty
disputes between applicant-husband and wife for which also
deceased Rukhsar Begum has made complaint to the Sakhi One
Stop Centre alleging that applicant used to assault her in
intoxicated condition. During conciliation proceedings, no specific
allegation with regard to demand of dowry is made and only
general allegations are made by mother of the deceased, which
is afterthought in order to implicate all the family members. He
also submits that the deceased herself has obtained loan of
Rs.34,000/- from the Mahila Samiti for purchasing e-rickshaw to
earn livelihood for herself. The deceased has taken the extreme
steps of committing suicide by hanging due to trivial dispute in
the family. It is also contended that other co-accused persons
namely Naseem @ Shahzadil Begum and Rehan Raza have
been enlarged on bail by this Court vide order dated 23.04.2024
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and 01.05.2024 in M.Cr.C. No.2545 of 2024 and M.Cr.C. No.
2798 of 2024 respectively. Applicant is in jail since 06.01.2024,
hence, he may also be enlarged on bail.
4. Learned counsel for State opposes submissions made by learned
Senior Counsel for applicant and submits that there are
allegations in the statement of the mother of deceased recorded
under Section 161 CrPC that applicant along with other two co-
accused persons used to harass and ill-treat the deceased for
demand of dowry. However, he does not dispute the submission
of learned counsel for applicant that one report is lodged by
deceased in the year 2019 before the Sakhi One-Stop Centre
making allegation against her husband of ill-treatment and
quarreling with her in intoxicated condition. He read over
statement of one Tarranum Nisha to submit that deceased made
complaint of her ill-treatment by her in-laws.
5. I have heard learned counsel for the parties and perused the
case diary.
6. Taking into consideration the facts and circumstances of the
case, nature of allegation, submission of learned counsel for
respective parties based on the conciliation proceedings initiated
at Sakhi One Stop Center in the year 2019 and also the
statement of Tarranum Nisha and the fact that other co-accused
persons namely Naseem @ Shahzadil Begum and Rehan Raza
have been enlarged on bail by this Court vide order dated
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23.04.2024 and 01.05.2024 in M.Cr.C. No.2545 of 2024 and
M.Cr.C. No. 2798 of 2024 respectively, without commenting
anything on merits of the case, I am inclined to allow this bail
application.
7. Accordingly, the bail application filed under Section 439 of the
Cr.P.C. is allowed. It is directed that the applicant shall be
released on regular bail upon his furnishing a bail bond in the
sum of Rs.25,000/- with one local surety in the like sum to the
satisfaction of the Court below on the conditions that:-
a). Applicant shall appear before the trial Court
regularly on each and every date, unless exempted
from appearance.
(b). Applicant shall not, in any manner, tamper with
the prosecution witnesses.
c). If the applicant is found involved in similar offence
in the future, it will be open for the State to apply for
cancellation of Bail.
Certified copy as per rules.
Sd/-
(Parth Prateem Sahu)
Judge
Balram