Harichand Ratre & ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 450 of 2020

1. Harichand Ratre S/o Shri Mahettar Lal Ratre Aged About 27 Years R/o Village- Giroudhpuri, Police Station- Gidhouri, DistrictBalodabazaar-Bhatapara, Chhattisgarh.

2. Mahettar Lal Ratre S/o Shri Bharat Lal Ratre Aged About 53 Years R/o Village- Giroudhpuri, Police Station- Gidhouri, District- BalodabazaarBhatapara, Chhattisgarh.

3. Amrautin Bai Ratre W/o Shri Mahettar Lal Ratre Aged About 49 Years R/o Village- Giroudhpuri, Police Station- Gidhouri, DistrictBalodabazaar-Bhatapara, Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh Through- Police Station- Gidhouri, DistrictBalodabazaar-Bhatapara, Chhattisgarh. ---- Respondent For Applicants.

:

Mr. Anchal Kumar Matre and Mr.

Satyendra Srivas, Advocate.

For Respondent/State :

Mr. Wasim Miyan, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 06.03.2020

1. The accused/applicants have moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 179/2019 registered at Police Station - Gidhouri, District Balodazaar-Bhatapara (C.G.) for the offence punishable under Section 304-B, 34 of the IPC.

2. The allegation against the present applicants, as per the prosecution case, is that, after the marriage of the deceased the present applicants, who are the in-laws of the deceased, used to harass and mistreat with the deceased for demand of dowry. It is also alleged that the applicants caused her death

by administering her poison, consequently, she died. Based on that, after investigation, offence has been registered against the applicants and they have been arrested.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. He next submits that the deceased had delivered a son some days prior to her death and her menstrual blood flow was not stopping, due to which she was in huge pain and depression and due to that she herself consumed poison. The applicants are in jail since 09.09.2019 and they are ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this court, therefore, the present applicants may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, as the applicants are in jail since 09.09.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicants on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on them executing a personal bond in the sum of Rs. 25,000/- each, with one surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the said Court on each and every date given to them by the said Court. Sd/- (Rajani Dubey) Judge Vijay Sahu