High Court Of ChhattisgarhMCRC/4161/2016allowed

Saeida And Other v. State Of Chhattisgarh

2016-07-28Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4161 of 2016

1. Saeida, D/o Mohammad Ansari Aged About 35 Years R/o Billu Khan Ka Makan, Farid Nagar, Ward No. 9 P.S. Supela Bhilai Distt. Durg Chhattisgarh.

2. Smt. Sharara Begum W/o Mohammad Islam Aged About 28 Years R/ Billu Khan Ka Makan, Farid Nagar, Ward No. 9 P.S. Supela Bhilai Distt. Durg Chhattisgarh.

--- Applicants

Versus

• State of Chhattisgarh Through P.S. Supela, Distt. Durg Chhattisgarh.

--- Respondent For the applicant :

Mr. Arvind Dubey, Advocate For the Respondent :

Mr. Neeraj Sharma, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 28.07.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicants in connection with Crime No. 359 of 2016 registered at P.S. Supela, Distt. Durg (C.G) for the offence punishable under Sections 306/34 IPC.

2. As per the prosecution case, on 15.04.2016 one Neetu has committed suicide by hanging. She was married to Imtiaz and on 14.04.2016 Imtiaz has taken his child aged about 10 months to the house of present applicants and when the deceased went there and asked for the baby, it was refused. Consequently she committed suicide on the next date because of the reason that she was subjected to abetment.

3. Learned counsel for the applicants submits that the applicants have been falsely implicated and no offence of abetment has been committed. He further submits that the charge sheet has been filed and no further investigation is

necessary and the applicants are in jail since 21.04.2016, therefore, they may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary and the statement of the mother of deceased.

6. Considering the totality of the circumstances and the fact that the charge sheet in this case has been filed, no further investigation is necessary and further looking to the period of detention as the applicants are said to be in jail since 21.04.2016, I am inclined to allow the bail application.

7. Accordingly, the bail application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court. They shall also appear before the trial Court as and when directed by the said Court. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o