Narbad Bai Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.4533 of 2015

1. Narbad Bai Sahu W/o Pardeshi Sahu, aged about 62 years,

2. Pratima Sahu W/o Manharan Lal Sahu, aged about 28 years, Both are R/o Village - Manikchauri, Post - Dharampura, Police StationPipariya, Tahsil - Kawardha, Civil and Revenue District - Kabirdham (CG) ---Applicants

Versus

State of Chhattisgarh Through- District Magistrate/Station House Officer, Police Station - Pipariya, District - Kabirdham (CG) ---Non-applicant For Applicants :

Mr.Dharmesh Shrivastava, Advocate For Non-applicant :

Mr. Ramakant Mishra, Dy.Advocate General Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 02/09/2015 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 applicants who have been arrested in connection with Crime No.148/2015, registered at Police Station-Pipariya, Distt.Kabirdham (CG), for the offence punishable under Sections 306 and 201/34 of the IPC.

2.

Case of the prosecution, in brief, is that the applicants abetted/instigated Rani (since deceased) to commit suicide and on account of frustration and humiliation, she committed suicide on 5.5.2015. 3.

Learned counsel for the applicants would submit that the applicants have not committed any offence and they have falsely been implicated in crime in question. He would further submit that other co-accused persons namely Manharan Sahu and Pardeshi Sahu have been admitted to bail by this Court vide order dated 4.8.2015 in M.Cr.C.No.3669 of 2015 and case of the present

applicants is similar to that of the co-accused who have been enlarged on bail, therefore, they are also entitled to be released on bail. 4.

On the other hand, learned counsel for the State would affirm the same.

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 nature and gravity of offence; role of the present applicants, the fact that bail was granted to co-accused Manharan Sahu & Pardeshi Sahu and pre-trial detention of the applicants, this Court is of the opinion that present is the fit case, in which, the applicants 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 applicants Narbad Bai and Pratima Sahu shall 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 trial Court, for their appearance as and when directed. 9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE B/-