Bharos v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5853 of 2015 Bharos S/o Subeydam Verma Aged About 25 Years R/o VillageDhamni Police Station - Hasaud, Civil & Revenue District Janjgir Champa (Chhattisgarh) ---- Applicant
Versus
State of Chhattisgarh Through, Station House Officer, Police Station Hasaud, District Janjgir Champa (Chhattisgarh) ---- Respondent For Applicant :- Shri Anurag Bajpai, Advocate For Respondent/State :- Shri O.P. Sahu, Government Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board By 04/11/2015 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 applicant who has been arrested in connection with Crime No. 60/2015, registered at Police Station - Hasaud, District Janjgir -Champa (C.G.) for the offence punishable under Section 304(B), 498A, 109, 34 of Indian Penal Code.
2.
Case of the prosecution, in brief, is that after marriage, in the year 2014 the deceased was subjected to cruelty by the husband and in laws for demand of motor cycle and washing machine. It is alleged that on 03.04.2015 at about 6.30 am the deceased committed suicide by setting herself ablaze after pouring kerosene on her body and died on 10.04.2015.
3.
Counsel for the applicant submits that the applicant has not committed any crime and he is only the resident of the same village and he is not
relation to the deceased. He further submits that the other co-accused persons namely Dharam Sing and Smt. Mathura Bai have already been granted bail by the coordinate Bench of this High Court in M.Cr.C. No.3741 of 2015 on 04.08.2015 and Khagendra Prasad has also been granted by in M.Cr.C. No. 4402 of 2015 on 31.08.2015 and the present applicant may also be entitled for bail on the ground of parity.
4.
On the other hand, learned counsel for the State, after verifying the records, would submit that the present case is similar to that of accused person, who have already been granted bail by the coordinate bench of this High Court.
5.
I have heard learned counsel appearing for the parties and perused the case diary.
6.
Having regard to the fact that the applicant is in jail since 01.10.2015 and also the fact that the similarly placed co-accused persons have already been enlarged on bail by the coordinate Bench of this Court, I am inclined to release the applicant on bail. 7.
Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.
8.
It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.
9.
Certified copy as per rules.
Sd/- (Goutam Bhaduri) Judge Santosh