Babli And ORS. v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3751 of 2016

1. Babli, daughter o Siya Ram Aged About 40 Years R/o Karamdhiha, P.S. - Basantpur District Balrampur Chhattisgarh.

2. Muniya Devi W/o Siya Ram Aged About 55 Years R/o Sayahi, P.S. Basantpur District Balramopur Chhattisgarh, Civil District Surguja (Ambikapur), Rev. Distt. - Balrampur - Ramanujganj Chhattisgarh.

3. Siya Ram S/o Hari Aged About 60 Years R/o Sayahi, P.S. Basantpur District Balramopur Chhattisgarh, Civil District Surguja (Ambikapur), Rev. Distt. - Balrampur - Ramanujganj Chhattisgarh.

--- Petitioners

Versus

• The State of Chhattisgarh Through Police Station Basantpour, District Balrampur Chhattisgarh.

--- Respondent For the applicant :

Mr. A. K. Prasad, Advocate For the Respondent :

Mrs. Sunita Jain, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 18.07.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicants in connection with Crime No. 66/2016 registered at P.S. Basantpur, Distt. Balrampur (C.G) for the offence punishable under Sections 294, 506-B, 323 & 498-A/34 IPC.

2. As per the prosecution case, complainant Rita Kanojia was married to Sunesh Kanojiya and thereafter after her marriage she was subjected torture for demand of dowry of motorcycle and cash and on 02.06.2016, the complainant was assaulted on the allegation that she has stolen the wheat.

3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case and the marriage is 8 years old and only general allegations have been made. He further submits that no further investigation is necessary in this

case and the applicants are in jail since 10.06.2016, therefore, they may be enlarged on bail

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

5. Perused the case diary and the statement of victim.

6. After going through the statement of victim and considering the nature of allegations which are general in nature as also the fact that the marriage took place 8 years back and thus considering the totality of the facts and circumstances of the case, I am inclined to release the applicants on bail.

7. Accordingly, the bail application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court. They 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