Smt. Suman Sahani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 16 of 2017 • Smt. Suman Sahani W/o Kirat Lal Sahani Aged About 24 Years R/o Shanti Nagar, Subhash Chowk, Gariyaband Post Office & Police Station- Gariyaband, District Gariyaband, Chhattisgarh. ---- Petitioner

Versus

• State of Chhattisgarh through The Station House Officer, Police Station- Kurud, District- Dhamtari, Chhattisgarh. --- Respondent For the applicant : Mr. Shivendu Pandya, Advocate.

For the Respondent : Mr. U.K.S. Chandel, panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 16.01.2017

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 638 of 2016 registered at P.S. Kurud, Distt. Dhamtari (C.G) for the offence punishable under Section 306/34 of IPC.

2. As per the prosecution case, a report was made that one Mamta Nagarchi committed suicide by setting herself fire on 03.11.2016. The report was made and subsequently it was revealed that the present applicant and other accused Duj Bai called the deceased and hurled abuses. They have also blamed that the deceased has allowed the theft in the son-in law's house and further denounced that the deceased was engaged in prostitution along-with her sister and also extended threat thereby has abetted the suicide.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated; she had only visited the place where some altercation took place between her

sister and Dujbai and no allegations can be attributed to the applicant, therefore, she may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary statement. The charge sheet has been filed in this case.

6. Considering the nature of evidence and facts and circumstances of the case especially the fact that the charge sheet has been filed and the applicant is in jail since 08.12.2016 I am inclined to allow this bail application.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o