Smt. Jaya Agrawal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1066 of 2020 • Smt. Jaya Agrawal W/o Anil Agrawal Aged About 39 Years R/o Laxmi Saw Mill, Block OfÏce Road, Police Staion Takhatpur, District Bilaspur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : Police Station Takhatpur, District Bilaspur, Chhattisgarh.

---- Respondent For Applicant : Mr. Manoj Paranjpe, Adv.

For Respondent/State : Mr. Akhtar Hussain, 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. 1/2020 registered at Police Station-Takhatpur District - Bilaspur (C.G.) for the offence punishable under Section 304-B read with Section 34 of the IPC.

2. The prosecution story, in brief is that, an F.I.R. was lodged on 02.01.2020 that on 03.12.2019 at about 06:00 O'clock in the morning deceased Versha Agrawal W/o Ajay Agrawal committed suicide by hinging herself. It is also alleged that deceased was subjected with cruelty for demand of dowry and for bringing less dowry. Further it is alleged that the present applicant and other accused persons have abated the deceased for commission of suicide. 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 the main allegation is against the husband of the deceased and the applicant is in jail since 03.01.2020, 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 03.01.2020 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