Geetanjali & ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 317 of 2020

1. Geetanjali W/o Hitendra Singh Sahu Aged About 21 Years R/o Villager Urai, Police Station Utai, District Durg, Chhattisgarh.

2. Santosh Sahu S/o Late Jagannath Sahu Aged About 50 Years R/o Villager Urai, Police Station Utai, District Durg, Chhattisgarh.

3. Uttara Sahu W/o Santosh Sahu Aged About 46 Years R/o Villager Urai, Police Station Utai, District Durg, Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh, Through- Station House OfÏcer, Chowki Chikhali (Kotwali) Rajnandgaon, District Rajnandgaon, Chhattisgarh.

---- Respondent For Applicants :

Mr. Sumit Singh, Adv.

For Respondent/State :

Mr. Anil Tripathi, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 27/02/2020

1. The accused/applicants have moved this first bail application under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 251/2019 registered at Police Station Chowki-Chikhali (Kotwali) Rajnandgaon, District-Rajnandgaon (C.G.) for the offence punishable under Section 306/34 of the IPC.

2. The prosecution story, in brief is that, the marriage of the applicant No. 1 was solemnized with the deceased in the year 2017 and after the marriage there was quarrel between the deceased and the applicant No. 1 further the allegation is that the applicant No. 1 along with her parents i.e. the applicant No. 2 and 3 has instigated the deceased to commit suicide. Based on this, offence has been registered against the present applicants.

3. Learned counsel for the applicants submits that the

applicants are innocent and have been falsely implicated in the crime in question. He further submits that the applicants are in jail since 15.12.2019, there is no likelihood of their case being decided in near future, 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, detention period of applicants and further considering the facts that the applicants are in jail since 15.12.2019 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/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 25,000/- each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu