Smt. Anjani Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 837 of 2019 • Smt. Anjani Bai W/o Shri Udayram Sahu, Aged About 45 Years R/o Village Dongi Tarai, P. S. Gobra Navapara, District Raipur, Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through The Police Station Gobra Navapara, District Raipur, Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicant : Shri Akash Kumar Kundu, Advocate.

For Respondent/State : Shri Alok Nigam, G.A.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 20/02/2019

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as she is arrested in connection with crime No. 254/2018, registered at Police Station - GobraNavapara, District - Raipur, (C.G.) for the offence punishable under Sections 304-B read with Section 34 of IPC.

2. In this case, present Applicant is the mother-in-law of the deceased Rameshwari @ Khushbu Sahu. The marriage between the deceased Khushbu and the co-accused i.e. son of the present Applicant was solemnized on 17.04.2017. Within seven years of marriage, the deceased died on 06.10.2018 in a suspicious condition. Further, the case of the prosecution is that there was illicit relationship between the husband of the deceased and one another lady. Allegation against the present Applicant is that she used to take favour of her son and often used to harrass the deceased mentally and physically for nonfulfillment of demand of dowry. On the basis of the said allegations, offence has been registered. The Applicant has been taken into

custody on 20.12.2018.

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. He further states that there is nothing on record on the basis of which any offence under Section 304-B of the IPC can be made out against the present Applicant. He also submits that the Applicant is a lady and in general allegations are levelled against her. Charge-sheet has been filed, Applicant is in custody since 20.12.2018 and trial will take time. Therefore, the Applicant may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

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

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the role played by the Applicant, she is in custody since 20.12.2018 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release her on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the concerned Trial Court for her appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Judge Prakash