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High Court Of ChhattisgarhMCRC/6682/2020allowed

Yamini Bele And Another v. State Of Chhattisgarh

2020-12-16Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6682 of 2020

1. Yamini Bele, D/o Manoj Bele, Aged About 23 Years,

2. Leena Bele, D/o Manoj Bele Aged About 21 Years, Both R/o Kundra Para, Shukrawari Bazar, Raipur District Raipur Chhattisgarh, ---- Applicants

Versus

State Of Chhattisgarh, Through P. S. Gudhiyari Raipur Civil And Revenue District Raipur Chhattisgarh ---- Respondent MCRC No. 7413 of 2020

1. Sarla Bele, W/o Manoj Bele, Aged About 50 Years,

2. Subham Bele, S/o Manoj Bele Aged About 21 Years, Both R/o Kundra Para , Shukrawari Bazar, Police Station Gudhiyari Raipur, District Raipur Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh, Through Police Station Gudhiyari, Raipur , Civil And Revenue District Raipur Chhattisgarh. ---- Respondent For applicants- Shri Keshav Dewangan, Advocate. For State- Shri Gagan Tiwari, G.A.

For objector- Shri Rishi Rahul Soni, Advocate. Hon'ble Shri Justice Goutam Bhaduri Order 16/12/2020 1.

Both the bail applications are decided by this common order as they are arising out of the same crime number. 2.

The applicants have preferred these applications for grant of bail as they are arrested in connection with Crime No.137/2020 registered in Police Station Gudhiyari, Distt. Raipur (C.G.) for offence punishable under section 306 R/w 34 of Indian Penal Code.

3.

As per the prosecution case, one Babita Bele committed suicide by

hanging on 31/07/2020. It is alleged that Babita Bele was living alongwith the brother Manoj Bele in the ancestral house and Manoj Bele in order to evict Babita Bele used to torture her and on 30/07/2020 assaulted by kicks and fist. Consequently, she committed suicide on 31/07/2020. 4.

Learned counsel for the applicants submits that there is no direct evidence of abetment exist, charge sheet in this case has been filed, no further investigation is necessary, therefore the applicants may be released on bail.

5.

Learned State counsel and counsel for the objector opposes the bail application.

6.

Perused the documents and the statement. Considering the statement and the fact that charge sheet has been filed and no further evidence is required, taking in to such fact, this court is inclined to release the applicants on bail.

7.

Accordingly, the bail applications are allowed and it is directed that the applicants shall be released on each of them furnishing personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of concerned trial court for their regular appearance before it as and when directed. Sd/- (Goutam Bhaduri) JUDGE gouri