Chameli Bai Halwai v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4823 of 2018 • Chameli Bai Halwai W/o Rajgopal Halwai, Aged About 70 Years, R/oPadimar, Bhadrapara, Balco, Police Station- Balco, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Police StationBalco Nagar, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh ----Non-applicant For Applicant - Shri Aditya Khare, Advocate. For Non-applicant/State - Shri Anupam Dubey, Deputy Govt. Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 31-07-2018 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 applicant for grant of regular bail. The applicant has been arrested on 10-04-2018 in connection with Crime No.156/2018 registered at P.S. - Balco Nagar, District- Korba, Chhattisgarh for the offence under Section 306 of the IPC.

2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. She is in jail since 10-04-2018. No case is made out against this applicant regarding commission of offence under Section 306 of the IPC. Hence, it is prayed that the applicant may be granted regular 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.

The allegation against this applicant is this, that she used to continuously quarrel with deceased Savita, her daughter. It is alleged that on the date of incident, this applicant and the deceased quarreled and subsequent to that the deceased got frustrated and after pouring kerosene oil over her

-2body she immolated herself and subsequently she died. In her dying declaration the deceased has stated that she committed suicide by getting piqued because of her quarrelsome mother, the applicant. Hence, this case. 6.

Considered on the material present in the case diary. After due consideration and also for the reasons that this applicant is a woman, charge sheet has been filed before the trial Court and the trial is likely to take some time before its conclusion, I am of this view that the applicant should be released on bail.

7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on her 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 her appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil