Kulmani Das & ANR v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6706 of 2020
1. Kulmani Das S/o Late Shri Ravishanker Das Aged About 55 Years By Caste Brahman Residence of Village - Chattigirola, Police Station Sarayapali, District Mahasamund Chhattisgarh.
2. Smt. Sewati Das W/o Shri Kulmani Das Aged About 48 Years By Caste Brahman Residence of Village - Chattigirola, Police Station Sarayapali, District Mahasamund Chhattisgarh.
--- Applicants
Versus
State of Chhattisgarh through Station House Officer, Police Station Sarayapali, District Mahasamund Chhattisgarh.
--- Respondent For the applicant : Mr. Sunil Kumar Sahu, Advocate For the State : Mr. Amrito Das, Addl. Advocate General Hon'ble Shri Justice Goutam Bhaduri Order on Board .01.2021
1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.318/2020 registered at Police Station Sarayapali, Distt. Mahasamund (C.G) for the offences punishable u/ss 304-B/34 of IPC.
2. As per the prosecution case, deceased Rani Das was married to Rakesh Das on 07.07.2019 and thereafter because of demand of dowry she was subjected to cruelty, therefore, she committed suicide by hanging on 01.09.2020.
3. Learned counsel for the applicants would submit that the applicants are father-in-law and mother-in-law of deceased and only omni bus allegations have been attributed to them. He further submits that the mere allegation of demand of golden chain, washing machine etc., would not per-se make
out an offence of cruelty against the applicants.
4. On the other hand, learned State Counsel opposes the bail application and would submit that the mother and father of the deceased have levelled the allegations of demand of dowry against the applicants and their son.
5. Perused the statements of witnesses. It appears that only omni-bus allegations are attributed to the applicants who are father-in-law and mother-in-law of the deceased. Thus considering the nature of allegations and the fact that the charge sheet has been filed and the applicants are in jail since 11.09.2020, I am inclined to release them on bail.
6. Accordingly, this 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 for their appearance before the said Court as and when directed.
C.c.
as per rules.
Sd/- GOUTAM BHADURI JUDGE R a o