DARSHAN MUGUTWAR Vs. STATE OF C.G.

JUDGEMENT

(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, Distt. 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.