Khirsindhu Manjhi And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 526 of 2020

1. Khirsindhu Manjhi And Anr. S/o Bamna Manjhi Aged About 25 Years R/o Village Kandakhalpara, Post OfÏce And Police Station Dharamgarh, District Kalahandi, Odisha.

2. Bamna Manjhi S/o Dayaram Manjhi Aged About 55 Years R/o Village Kandakhalpara, Post OfÏce And Police Station Dharamgarh, District Kalahandi, Odisha.

---- Applicants

Versus

• State Of Chhattisgarh, Through : The Station House OfÏcer, Police Station Devbhog, District Gariyaband, Chhattisgarh. ---- Respondent For Applicants :

Mr. Shivendu Pandya, Adv.

For Respondent/State :

Mr. Wasim Miyan, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 13/03/2020

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. 175/2019 registered at Police Station-Devbhog, DistrictGariyaband (C.G.) for the offence punishable under Section 306/34 of the IPC.

2. The prosecution story, in brief is that, a merg intimation report was lodged that deceased Smt. Premsheela Manjhi who was married with the applicant No. 1 Khirsindhu Manjhi, on 27.07.2019 committed suicide by hanging herself. It is alleged that the present applicants harassed/ill-treated the deceased on account of illicit relationship with the other person, therefore, the deceased committed 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 09.12.2019, 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 09.12.2019 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