Sumran Lal Verma And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3855 of 2016

1. Sumran Lal Verma, S/o. Narayan Lal Verma, Aged About 55 Years.

2. Smt. Kumari Bai Verma, W/o. Sumran Lal Verma, Aged About 52 Years.

Both are R/o. Village Daganeya, Police Station Ghumka, Tahsil Ghumka, District Rajnandgaon, Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh, Through Police Station Ghumka, Tehsil Ghumka, District Rajnandgaon, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicants :

Mr. Aditya Bhardwaj, Advocate.

For Respondent :

Mr. Anupam Dubey, Dy. Govt. Advocate.

--------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 01.08.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No.34/2016 registered at Police Station- Ghumka, District Rajnandgaon (C.G.) for the offence punishable under Section 306/34 of Indian Penal Code. 2.

Case of the prosecution, in brief, is that one Rani @ Manbai Lodhi committed suicide by setting herself ablaze and the applicants are the Uncle and Aunty and it is the allegation that because of the allegation of theft leveled against the deceased, she committed suicide and thereby the applicants have abetted the offence. 3.

Learned counsel for the applicants would submit that the applicants have not abetted for commission of offence and only because of some theft took place of Rs.1600/- it was required and it is natural

for them to enquire such theft. He further submits that the charge sheet has been filed and the applicants are in jail since 27.05.2016, therefore, they may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the statement and dying declaration. Considering the facts and circumstances of the case, nature of offence and degree of allegation and further considering the fact that the charge sheet has been filed, without any observation on merit, I am inclined to release the applicants on bail.

6.

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

7.

It is directed that the applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok