SANTOSH NISHAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is an application filed u/s 439 of the Code of Criminal Procedure seeking granting of regular bail to the applicant in connection with Crime No. 316/2015 registered at Police Station Simga, District Baloda Bazar Bhatapara (C.G) for the offences punishable under sections 306 & 498 (A) of IPC.

(2.) As per the prosecution case, wife of applicant namely Santoshi consumed rat killer poison on 13.05.2015 and during the course of treatment, she died on 14.05.2015. The allegation against the applicant is that he abetted the commission of offence as she was subjected to torture.

(3.) Learned counsel for the applicant submits that the applicant and deceased were married 12 years ago and there has been dispute between the husband and wife, therefore, she consumed rat killer and the Police recorded the statement of deceased wherein she stated that because of the dispute she has consumed the poison and there is no abetment. He further submits that the charge sheet in this case has been filed and the applicant is in jail since 30.10.2015, therefore, the applicant may be enlarged on bail.