Narayan Yadav & ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4409 of 2018

1. Narayan Yadav, S/o Fagua Yadav, aged about 60 years,

2. Kaushilya Yadav, W/o Narayan Yadav, aged about 56 years

3. Smt. Janki Bai, W/o Ashok Yadav, aged about 28 years

4. Smt. Gayatri Bai, W/o Manoj Yadav, aged about 29 years All are R/o Ward No.4, Pandatarai, Police Station Pandatarai, District Kabirdham (C.G.) ---- Applicants

Versus

State of Chhattisgarh, Through Station House Officer, Police Station Pandatarai, District Kabirdham (C.G.) ---- Non-applicant For Applicants:

Mr. Dharmesh Shrivastava, Advocate.

For Non-applicant:

Mr. Dilman Rati Minj, Deputy Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 09/07/2018

1. The accused/applicants have moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing them on regular bail during trial in connection with Crime No.83/2018, registered at Police Station Pandatarai, Distt. Kabirdham, for the offence punishable under Section 306 read with Section 34 of the IPC.

2. Case of the prosecution, in brief, is that Sheetla Yadav is alleged to have committed suicide on 6-4-2018 on the instigation made by the applicants.

3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in

the case, they are only neighbours of deceased Sheetla Yadav, the only allegation against them in the case diary is that they have teased Sheetla Yadav alleging that she had relation with one person (Thakur). The applicants are in jail since 8-6-2018 and charge-sheet has not been filed.

4. On the other hand, learned State counsel opposes the application and submits that dying declaration has been recorded.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, role of the applicants, they are neighbours of deceased Sheetla Yadav, the act of the applicants, their pretrial detention and considering the age of the applicants, I am of the view that it is a fit case to enlarge the applicants on regular bail. Accordingly, the application is allowed.

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

Sd/- (Sanjay K. Agrawal) Judge Soma