1 2025:CGHC:4939 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8075 of 2024 1 - Yogendra Patel S/o Shri Gokul Patel Aged About 24 Years R/o Sakhatora, Police Station- Nuapada, District- Nuapada, Odisha ... Applicant versus 1 - State Of Chhattisgarh Through Police Station- Mahasamund, Tahsil And District- Mahasamund, C.G. ... Non-Applicant For Applicant : Mr. Pawan Kesharwani, Advocate For State/Non-Applicant : Ms. M. Asha, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 28.01.2025 1. This is the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973, for grant of regular bail, as he is in custody since 22.02.2024 in connection with Crime No. 345/2023, registered at Police Station - Mahasamund, District - Mahasamund (C.G.) for the offence punishable under Section 304-B, 306, 498-A, 34 of the IPC. 2. Case of the prosecution, in brief, is that complainant Animesh Gadariya, ward boy lodged a complaint before the Police Station Mahasamund on the basis of complaint, merg intimation No. 60 of 2023 under Section 174 Cr.P.C. was registered thereafter panchanama was prepared and BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.01.29 10:31:19 +0530 2 postmortem was conducted on the body of the deceased. From the report, it is revealed that deceased Chama Patel @ Bhavana Patel committed suicide by hanging herself and a suicidal note was also seized. On the basis of merg intimation, after investigation, FIR has been registered against the applicant who is the husband of the deceased. It is alleged that the marriage of deceased was solemnized with applicant on 25.01.2023, soon after marriage, applicant started demanding motorcycle, gas cylinder, mixer etc from the deceased as dowry. Due to non-fulfillment of dowry, the applicant tortured her by saying that if she fulfills the demand then only she will return to her matrimonial house, as such, the deceased father had taken her to parental house. It is also the case of the prosecution that on 14.05.2023 the deceased talked to her husband on the mobile, then the husband told her that he will not keep her with him, therefore, she committed suicide on 16.05.2023 at about 8 AM. 3. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in the case. He would further submit that there is no evidence on record to show that soon before her death applicant committed cruelty with the deceased. He would further submit the deceased was not willing to marry with the applicant. He would further submit that the deceased went to Puri with other persons without informing the applicant as well as in-laws and also had taken ornaments and clothes. The applicant made an attempt to search the deceased but whereabouts of her were not traced, ultimately the deceased returned to her parental house on 11.04.2023. He would further submit that the applicant has also moved an application before the President of the community to settle the issue on 11.06.2023, still the 3 family of the deceased have not resolved the issues. He would further submit that the deceased had gone to her parental house on 29.03.2023 and thereafter on 16.05.2023 she has committed suicide by hanging herself. Thus, he would submit that no material has been collected by the prosecution that the present applicant has incited the deceased to commit suicide. He would further submit that the applicant is in jail since 22.02.2024, only one witness has been examined and 28 more witnesses have to be examined which may take some time in conclusion of trial, therefore, he prays that the applicant may be released on regular bail. 4. On the other hand, learned counsel for the State opposes the regular bail application and would submit that the applicant has been named in the FIR and also in the statements of the parents of the deceased were recorded under Section 161 Cr.P.C. and specific act of demand of dowry, harassment and torture have been made. Investigation is in progress. Therefore, at this stage, it cannot be said that no case is made out against the applicant in the teeth of the FIR and the statements recorded under Section 161 of Cr.P.C. He would further submit that the victim in her suicidal note has clearly deprecated the conduct of the family members in-laws as well as her husband and thus there is sufficient material on record and would pray for not releasing the applicant on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact that the charge-sheet has already been filed and the applicant has already remained in jail since 22.02.2024, only one witness out of 29 witnesses has been examined which may take some time in conclusion of trial, therefore, I am inclined to grant regular bail to the applicant. 4 7. Accordingly, the bail application is allowed and It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 25,000/- with a surety of Rs. 25,000/- to the satisfaction of the concerned trial Court, then he shall be released on bail. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. 8. Certified copy as per rules. Sd/- (Narendra Kumar Vyas) Judge Bhumika