Chaiti Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3220 OF 2015 Chaiti Bai W/o Panchram, aged about 32 years, R/o village Salheghori, Police Station and Tahsil Lormi, Civil & Revenue District Mungeli (C.G.) ---Applicant

Versus

State of Chhattisgarh Through : Police Station Lormi, District - Mungeli (C.G.) ---Non-applicant For Applicant :

Mr. Ravish Verma, Advocate For Non-applicant :

Mr. Anupam Dubey, Dy. Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 13/07/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 246/2015, registered at Police Station Lormi, District Mungeli (C.G.), for the offence punishable under Section 304-B/34 of Indian Penal Code.

2.

Case of the prosecution, in brief, is that Vimla Bai wife of Shri Dilip is alleged to have committed suicide on 05/05/2015 on account of cruelty and dowry being demanded by the applicant and six other co-accused persons. 3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in this case. He would further submit that in fact deceased and her husband had taken shelter in the house of applicant to earn their livelihood as their house got damaged and they have no source of income as applicant is elder sister of husband of

deceased and she has no role to play in offence in question. He would lastly submit that applicant is woman and is in jail since 29/05/2015 therefore, she may be released on bail.

4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

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

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the applicant is woman, her role in the offence in question; she is in jail since 29/05/2015 and considering her relationship with husband of deceased, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail.

7.

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

8.

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

9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari