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High Court Of ChhattisgarhMCRC/3722/2019allowed

Bhushan Lal Sahu And ANR. v. State Of Chhattisgarh

2019-07-23Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3722 of 2019

1. Bhushan Lal Sahu S/o Late Januram Sahu, Aged About 45 Years, R/o Village Rakhi, Police Station Rakhi, Tahsil- Abhanpur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Smt. Sukhwantin Bai Sahu W/o Bhushan Lal Sahu, Aged About 40 Years, R/o Village Rakhi, Police Station Rakhi, Tahsil- Abhanpur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Applicants

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Abhanpur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ----Non-applicant For Applicants - Shri Y.C. Sharma, Advocate. For Non-applicant/State - Shri Aditya Sharma, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 23-07-2019 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 10-05-2019 in connection with Crime No.247/2019 registered at P.S. - Abhanpur, District Raipur, Chhattisgarh for the offence under Section 306/34 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 10-05-2019. No case is made out. Therefore, it is prayed that the applicants may be granted 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 Rameshwari Sahu was wife of co-accused Tuleshwar Sahu and these applicants were her in-laws. It is alleged that while she was living in her matrimonial home her husband and inlaws used abusive language, because of which the deceased felt tortured. The deceased committed suicide on 14-04-2019 within one year of marriage.

-2Hence, this case.

6.

After considering on facts, circumstances and evidence in this case proposed against these applicants, I feel inclined to allow this application. 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