Ramvati Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4177 of 2016 • Ramvati Bai S/O Dashrath Bareth Aged About 55 Years R/O Kirari, Dabhra, Civil & Revenue District Janjgir Champa Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Dabhra, Civil & Revenue District Janjgir Champa Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------------- For Applicants :

Mr. Anchal Karya, Advocate For Respondent/State :

Mr.Satish Gupta, Govt. Advocate -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 28-07.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 2-05-2016 in connection with Crime No. 150 of 2016, registered at Police Station Dabhra, District Janjgir Champa (CG) for the offence punishable under Sections 306, 34 376 of the IPC and Section 6 of the Protection of Children from Sexual Offeces Act, 2012.

2.

As per prosecution case, a report was lodged by Siyaram, father of the deceased that on 5-3-2016 his daughter committed suicide by hanging. It is alleged the deceased was in love relation with one Rajesh, therefore, the applicant who is her relative used to abuse her as prostitute and subsequently she committed suicide by hanging and thereby the aforesaid offence was committed. 3.

Learned counsel appearing for the applicant would submit that the statements of the witnesses would show that the applicant has not

abetted the deceased to commit suicide, some altercation took place between the applicant and deceased before the incident, therefore, applicant has been falsely implicated and she has not committed any abetment. He would further submit that the applicant is a lady aged about 55 years, charge sheet has been filed, she is in jail since 2-5-2016 and no further investigation is required, therefore, she may be released on bail. 4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

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

6.

Perused the statements of the witnesses Sushila Bai and Smt. Renu Bai which would show that the applicant has not committed any abetment.

7.

Taking into consideration the facts and circumstances of the case, nature of allegations leveled against the applicant and considering the statements of the witnesses and also the fact that the chargesheet has been filed and the applicant is in jail since 2-5-2016, this court is inclined to release the applicant on bail. 8.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on her furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for her appearance as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju