(1.) This is the first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant who has been arrested on 6.1.2014 in connection with Crime No. 02/2014, registered at Police Station - Dhamdha, District-Durg, for the offences punishable under Section 304-B read with Section 34 of IPC. As per the prosecution story, one Lileshwari (the deceased) was married to the present applicant-accused on 5.5.2011 and it is alleged that after the marriage the deceased had been subjected to cruelty by the present applicant-accused and the other co-accused persons, on account of which the deceased had consumed poison and died on 18.11.2013.
(2.) Learned counsel for the applicant submits that the other co-accused persons have already been granted bail by this Court vide orders dated 22.4.2014, 17.6.2014 & 17.6.2014 passed in M.Cr.C. Nos. 1733/2014, 2410/2014 & 2499/2014 and that the allegation leveled against the present applicant-accused is identical to that of the allegation leveled against the other co-accused persons who have already been enlarged on bail by this Court. Learned counsel for the applicant further submits that the present applicant-accused is in judicial custody for more than 7 months and, therefore, looking to all these facts, the present applicant-accused may be released on bail.
(3.) Learned counsel for the State, however, opposes the bail application on the ground that it is the present applicant-accused who has played a vital role in forcing the deceased to commit suicide.