Saharta & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 279 of 2020

1. Saharta D/o Late Ramdayal Aged About 61 Years R/o Village - Siud, Police Station - Navagarh, District - Janjgir - Champa Chhattisgarh.

2. Smt. Budhwara Bai W/o Sahartaram Aged About 60 Years R/o Village - Siud, Police Station - Navagarh, District - Janjgir - Champa Chhattisgarh., District :

Janjgir-Champa, Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh Through - S. H. O. Police Station, Navagarh, District - Janjgir - Champa Chhattisgarh.

---- Respondent For Applicants :

Mr. Ravindra Sharma, Advocate.

For Respondent :

Mr. Vinod Kumar Tekam, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 25.02.2020 • The accused/applicants have moved these first bail applications under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 305/2019 registered at Police Station - Navagarh (C.G.) for the offence punishable under Section 304-B/34 of the IPC.

• The prosecution story in nutshell is that, on 30.08.2019 deceased Smt. Sangeeta Suryavanshi committed suicide by consuming poison. After that, police registered Merg No. 66/2019 and on the basis of the statement recorded during Merg investigation, P.S. Navagarh registered the offence against the present applicants and other co-accused. The allegation against the present applicants is that they have committed physical and mental harassment and cruelty towards the deceased for demand of dowry as a result, she

committed suicide.

• Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. He further submits that the family members of the deceased lodged the delayed FIR against the applicants to implicate them in a criminal case. The applicants are in jail since 25.11.2019 and they are ready to furnish adequate surety and shall abide by all the directions and conditions imposed upon them by the Court, therefore, the present applicants may also be granted bail.

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

• I have heard learned counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicants, as 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.

• 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 said Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu