Sukdev Verma And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3249 OF 2015 1.

Sukdev Verma S/o Soncharan Verma aged about 35 years, 2.

Smt. Bhuneshwari Verma W/o Sukdev Verma Aged about 32 years, Above both the applicants are resident of village Ganiyari, Police Station Kharora, District Raipur (C.G.).

---Applicants

Versus

State of Chhattisgarh, Through its Police Station Kharora, district Raipur, Civil Revenue district Raipur (C.G.).

---Non-applicant For Applicants :

Mr. B.L. Sahu, Advocate.

For-Non-applicant :

Mr. Vivek Singhal, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 14/07/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 74/2015, registered at Police Station Kharora Raipur, Civil and Revenue dist. Raipur (C.G.), for the offence punishable under Section 306 r/w 34 of I.P.C. 2.

Case of the prosecution, in brief, is that, Smt. Dukalahin Bai committed suicide on account of abatement being made by the present applicants and other co-accused persons and thereby committed aforesaid offence.

3.

Learned counsel for the applicants submit that other co-accused persons- Smt. Gwalin Bai and Kuleshwar have played the similar role as that of the present applicants and they have already granted regular bail by this Court vide order dated 15/06/2015 passed in M.Cr.C. No. 1913/2015 and the role played by the present applicants are identical to that of the other coaccused persons. Therefore, the present applicants may also be released on

regular bail on the ground of parity.

4.

On the other hand, learned counsel for the State submits that case of the present applicants is identical to other co-accused persons, who have granted bail by this Court vide order dated 15/06/2015 in M.Cr.C. No. 1913/2015.

5.

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

6.

Considering the totality of the facts and circumstances of the case and considering the fact that the applicants are in jail since 19/03/2015 and the fact that similarly situated co-accused namely Smt. Gwalin Bai and Kuleshwar have already been granted regular bail by this Court in M.Cr.C. No. 1913/2015 on 15/06/2015, I consider it a fit case, in which, the applicants should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that applicants namely, Sukdev Verma and Smt. Bhuneshwari Verma shall 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 trial Court, for their appearance as and when directed.

8.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari