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High Court Of ChhattisgarhMCRC/4000/2018allowed

Dayalu Ram Sahu & ANR. v. State Of Chhattisgarh

2018-07-04Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4000 of 2018

1. Dayalu Ram Sahu S/o Chinta Ram Sahu, Aged About 55 Years, R/o Village Piper Chhedi, Police Station Arjuni, District- Dhamtari, Chhattisgarh., District : Dhamtari, Chhattisgarh

2. Smt. Rameshwari Bai, W/o Dayalu Ram Sahu, Aged About 50 Years, R/o Village Piper Chhedi, Police Station Arjuni, District- Dhamtari, Chhattisgarh., District : Dhamtari, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through The Police Station Arjuni, DistrictDhamtari, Chhattisgarh., District : Dhamtari, Chhattisgarh ----Non-applicant For Applicant - Shri Satish Chandra Verma, Advocate. For Non-applicant/State - Shri Vinod Tekam, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 04-07-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicants for grant of regular bail. The applicants have been arrested on 12-02-2018 in connection with Crime No.47/2018 registered at P.S. - Arjuni, District- Dhamtari, Chhattisgarh for the offence under Section 304 B 34 of the IPC. 2.

It is submitted on behalf of the applicants that the applicants have been falsely implicated in this case. They are in jail since 12-02-2018. Charge sheet has been filed after completion of the investigation and similarly placed coaccused persons have been granted bail. Hence, it is prayed that the applicants may also be released on regular bail. 3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

According to the prosecution case, deceased Pinki Sahu was married to co-accused Mithilesh Sahu in the year 2016. The deceased died on 14-01-

-22018 after consumption of some poisonous substance. Later on, a written complaint was filed by the mother of the deceased making various allegations against husband and in-laws of the deceased. Hence, this case. 6.

After considering on the material present in the case diary and considering this fact that similarly placed co-accused persons have been granted bail, I feel inclined to grant bail to this applicant. 7.

Consequently, this application filed by the applicants under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for their appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil