High Court Of ChhattisgarhMCRC/4293/2020allowed

Smt. Nemin Bai Sahu v. State Of Chhattisgarh

2020-08-17Hon'Ble Smt. Justice Rajani Dubey2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4293 of 2020

1. Smt. Nemin Bai Sahu, W/o. Shri Parasram Sahu, Aged about 45 years,

2. Parasram Sahu, S/o. Pusaoram Sahu, Aged about 50 years, Both R/o Village Amasena, Police Station Arang, District Raipur, Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh, Through Police Station Aarang, Civil and Revenue District Raipur Chhattisgarh., ---- Respondent For Applicant : Shri Ajay Mishra, Advocate For Respondent /State : Shri Rahul Jha, GA Hon'ble Smt. Justice Rajani Dubey Order On Board 17/08/2020 The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No. 79/2020 registered at police station Aarang, district Raipur (CG) for the offence punishable under Section 304-B/34 IPC.

Case of the prosecution in brief is that daughter-in-law of the applicants committed suicide by setting herself on fire after pouring kerosene oil. It is alleged that she was harassed and ill-treated by her in-laws for bringing less dowry.

Counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He submits that the applicants are the mother-in-law and father-in-law of the deceased and the main allegation is against the husband of the deceased. He submits that the applicants are aged 45 and 50 years old and nothing has been alleged against them, Lastly, he submits that the applicants are in jail since 05.02.2020; charge sheet has been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion, therefore they may be released on bail. On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the fact that the main allegation is against the husband of the deceased and the applicants are the in-laws, I am inclined to release them on regular bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicants' furnishing a personal bond in the sum of Rs. 25,000/- with one surety each for the like sum to the satisfaction of the concerned Court, they shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna