Ramcharan Sahu & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5455 of 2020

1. Ramcharan Sahu S/o Late Shri Derha Ram Sahu, aged about 55 years,

2. Smt. Khileshwari Sahu, W/o late Shri Gopi Sahu, D/o Shri Ramcharan Sahu, aged about 24 years, Both R/o Mohalla Durga Chouk, Lakholi, P.S. City Kotwali, Tehsil & District Rajnandgaon (CG) • ---- Applicants • Versus • State Of Chhattisgarh Through the Station House OfÏcer Police Station Somni, District Rajnandgaon (CG) ---- Respondent For Applicants :

Shri S.S.Baghel, Advocate For Respondent :

Shri Gagan Tiwari, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 29.9.2020

1. The matter is heard through video conferencing.

2. The accused/applicants have moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No.122/2020, registered at Police Station -Somni, District Rajnandgaon (C.G.) for the offence punishable under Sections 306 r/w Section 34 of the IPC.

3. It is the case of the prosecution that deceased who was husband of applicant No.2- Khileshwari Sahu, on account of her relations with some other person, has committed suicide

by hanging himself as they were usually quarreling due to the same.

4. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the case. He submits that the applicants are father and daughter and as the deceased has died, father of the deceased has roped them in the case. He submits that there is no evidence against the applicants connecting them to the crime. He submits that the applicants are in jail since 20.7.2020 and the trial is likely to take some time for its final disposal, therefore, they may be released on bail.

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

6. Considering the facts and circumstances of the case, in particular the nature of allegations against the applicants, detention period of the applicants and further considering that trial is likely to take some time for its final disposal, without further commenting on merits, I am of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.

7. Accordingly, the application filed under Section 439 Cr.P.C. is allowed.

8. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in sum of Rs.25,000/- with one surety each in like sum to the satisfaction of the concerned trial Court for their appearance

before the said Court as and when directed till the disposal of the trial.

9. Certified copy, as per rules.

Sd/ (Rajani Dubey) Judge sunita