Dilip Sahu & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.2727 of 2020

1. Dilip Sahu, S/o Kartik Sahu, Aged About 55 Years

2. Smt. Gayatri, W/o Dilip Sahu, Aged About 47 Years Both are R/o Village Dhangaon, Police Station Lalbag, District Rajnandgaon, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Lalbag, District Rajnandgaon, Chhattisgarh ---- Respondent For Applicant Shri Goutam Khetrapal, Advocate For Respondent Ms. Fouzia Mirza, Addl. AG Proceeding through Video Conferencing Hon'ble Justice Shri Prashant Kumar Mishra Order On Board 21/08/2020 1.

The applicants have preferred this bail application under Section 439 of the CrPC, as they have been arrested in connection with Crime No.169/2020, registered at Police Station Lalbag, District Rajnandgaon (C.G.) for the offence punishable under Section 304B read with Section 34 of IPC. 2.

The present applicants are the father-in-law and mother-in-law, respectively, of deceased Vidiya Sahu. The deceased was married with the applicants' son Rakesh on 29.04.2018. It is alleged that the deceased was subjected to cruelty for not satisfying the demand of washing machine, gas connection and mobile phone or to pay

Rs.25,000/- in lieu thereof. As against the present applicants, the allegation is that they were exerting pressure and persuading their son Rakesh to commit cruelty against the deceased for not satisfying the demand.

3.

Learned State counsel would oppose the prayer for grant of bail on submission that in a panchayat meeting convened in the year 2019, it was alleged that these applicants were also involved in demanding dowry.

4.

Considering that the allegation of physical cruelty for not satisfying the demand is alleged against the husband and for the fact that these two applicants are the father-in-law and mother-in-law of the deceased, they are in jail since 06.05.2020 and the charge sheet has already been filed, this Court is inclined to release the applicants on bail.

5.

Accordingly, the bail application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.

6.

Certified copy of this order be supplied to learned counsel for the applicant only after compliance of all formalities regarding proper filing of the bail application.

Sd/- Prashant Kumar Mishra Judge Nirala