Smt. Sarswati Dewangan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 817 of 2020 • Smt. Sarswati Dewangan W/o Shri Anand Kumar Dewangan Aged About 30 Years Resident Of Village- Sadarroad ThanaArang, Tahsil- Arang, District- Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through- Police Thana- Aarang, District- Raipur, Chhattisgarh.

---- Respondent For Applicant : Mr. Sanjay Agrawal, Adv.

For Respondent/State : Mr. Wasim Miyan, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 28/02/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing her on regular bail during trial in connection with Crime No. 38/2020 registered at Police Station-Aarang, District - Raipur (C.G.) for the offence punishable under Section 304B/34 of the IPC.

2. The prosecution story, in brief is that, on 27.12.2019 the deceased namely Smt. Soman Dewangan committed suicide by consuming poison herself. A merg intimation report was lodged and during investigation it was found that the deceased has committed suicide due to harassment of applicant and other accused persons for demand of Motor Cycle and two lakh cash. Based on this, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the

applicant is innocent and has been falsely implicated in the crime in question. He further submits that charge-sheet has been filed and the applicant is a 30 years old lady, she has two children. He next submits that the applicant is in jail since 16.01.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant 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 applicant and further considering the facts that the applicant is in jail since 16.01.2020 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 applicant on bail. Accordingly, the application is allowed.

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