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High Court Of ChhattisgarhMCRC/4078/2018allowed

Vishal Yadav v. State Of Chhattisgarh

2018-07-02Hon'Ble Shri Justice Pritinker Diwaker2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4078 of 2018

1. Vishal Yadav S/o Itwari Yadav, aged about 65 years.

2. Smt. Sahodra W/o Vishal Yadav, aged about 63 years, Both R/o Tikrapara, village Sirsakala, P.S. Bhilai-3, Tehsil Patan and District Durg (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh - Through : S.H.O., P.S. Bhilai-3, District Durg (C.G.) ---- Respondent For Applicant.

:

Shri Shikhar Bakhtiyar, Advocate.

For Respondent. :

Shri Adil Minhaj, P.L.

Hon'ble Shri Justice Pritinker Diwaker Order on Board /07/2018 1.

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 since 16.01.2018 in connection with Crime No.08/2018 registered at Police Station : Bhilai-3, District Durg (C.G.) for the offence punishable under Sections 304B and 34 of IPC.

2.

As per the prosecution case, deceased Soniya Yadav was the daughter-in-law of the applicants and she died on 28.12.2017 by hanging herself.

3.

Counsel for the applicants submits that the applicants are old aged persons and only on the basis of general allegation they have been implicated in the crime in question. It has been

argued that the main allegations are against the husband of the deceased, and considering the general allegations against the applicants, they may be released on bail. It has been further argued that there is no substantial progress in the trial.

4.

On the other hand, State counsel opposes the bail application.

5.

I have heard learned counsel for the parties and perused the record.

6.

Considering the totality of the facts and circumstances of the case, in particular the nature of allegation against the applicants and the fact that applicants are father-in-law and mother-in-law aged more than 60 years, they are in custody since 16.01.2018, this Court is of the opinion that it is a fit case to release the applicants on bail.

7.

Accordingly, the application is allowed and the accused/applicants are directed to be released on bail on their furnishing a personal bond of Rs.2,00,000/- each with one surety for the like sum to the satisfaction of the concerned Court for their appearance before it as and when directed.

8.

The trial Court is directed to expedite the trial. Sd/- (Pritinker Diwaker) Judge Vijay