High Court Of ChhattisgarhMCRC/1718/2016allowed

Nansay Sahu And ORS. v. The State Of Chhattisgarh

2016-03-17Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.1718 of 2016

1. Nansay Sahu, aged about 47 years, S/o Rameshwar Sahu,

2. Smt. Yashoda Sahu, aged about 40 years, W/o Nansay Sahu,

3. Ganga Bai, aged about 31 years, W/o Jagdish Sahu, All R/o Village Gudhava, Thana Baradwar, Tahsil Sakti, Distt. JanjgirChampa ---- Applicants

Versus

The State of Chhattisgarh, through District Magistrate, Distt. JanjgirChampa C.G. ---- Non-applicant For Applicants:

Mr. Parag Kotecha, Advocate.

For Non-applicant:

Mr. Adhiraj Surana, Deputy Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 17/03/2016

1. The accused/applicants have moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing them on regular bail during trial in connection with Crime No.70/2016, registered at Police Station Baradwar, Distt. Janjgir-Champa, for the offence punishable under Section 306 read with Section 34 of the IPC.

2. Case of the prosecution, in brief, is that on account of abetment / instigation given by the present applicants, Sumitra Bai committed suicide on 11-11-2015.

3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in the case. No evidence is available against the applicants, the only allegation is that the applicants used to taunt the deceased as

daughter of applicants No.1 and 2 ran away with her friend. The applicants are in jail since 11-2-2016 and charge-sheet has not been filed.

4. On the other hand, learned State counsel opposes the application.

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

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, role of the applicants and their pretrial detention, I am of the view that it is a fit case to grant regular bail to the applicants. Accordingly, the application is allowed.

7. It is, therefore, directed that the applicants be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the concerned Court for their appearance as and when directed.

Sd/- (Sanjay K. Agrawal) Judge Soma