Tikaram v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6218 of 2015

1. Baliram, son of late Jagdish Sahu, aged about 49 years, occupation Agriculturist, resident of village Rawa, Police Station Arjuni, Civil and Revenue District Dhamtari, Chhattisgarh.

2. Smt. Kumari Bai, wife of Baliram Sahu, aged about 45 years, Occupation Agriculturist, resident of village Rawa, Police Station Arjuni, Civil and Revenue District Dhamtari, Chhattisgarh ..... Petitioners

Versus

State of Chhattisgarh through the District Magistrate, Dhamtari, District Dhamtari, Police Station Arjuni, Civil and Revenue District Dhamtari (C.G). .... Respondent MCRC No. 6601 of 2015 Tikaram, son of Baliram Sahu, aged about 28 years, occupation Agriculturist, resident of village Rawa Police Station Arjuni, Civil and Revenue District Dhamtari, Chhattisgarh ..... Petitioner

Versus

State of Chhattisgarh through the District Magistrate, Dhamtari, District Dhamtari, Chhattisgarh (C.G).

.... Respondent For the applicants :

Mr. P. P. Sahu, Advocate For the Respondent :

Mr. Mr. Ramakant Mishra, Dy.A.G.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 24 .11.2015

1. These are two bail applications filed under section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants in connection with Crime No.206 of 2015 registered at Police station Arjuni, District Dhamtari (C.G) for the offences punishable under sections 498-A, 306/34 IPC.

2. Since both these applications are relating to same crime number,

they are decided by this common order.

3. As per the prosecution case, deceased Manju Sahu was married to Tika Ram in the year 2008 and thereafter, she was subjected to torture and consequently she committed suicide by consuming poison on 04.09.2015. The allegation against the applicants is that they have abetted the deceased to commit suicide.

4. Learned counsel for the applicants submits that nothing is on record which would substantiate the fact that the applicants have abetted the deceased to commit suicide. He further submits that the deceased blessed with two children and for the alleged reasons of abetment, the suicide was committed and the charge sheet having been filed, the applicants may be enlarged on bail.

5. Per contra, learned State Counsel opposes the prayer for grant of bail.

6. I have gone through the case diary and the documents collected by the prosecution.

7. Having regard to the nature of evidence available in the case diary and further considering the way in which the suicide was committed by the deceased by consuming poison and looking to the nature offence as against the evidence available and the fact that the charge sheet has already been filed, I am of the opinion that it is a fit case to enlarge the applicants on bail.

8. Accordingly the applications are allowed and the applicants are directed to be released on bail on each of them furnishing a personal bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the trial Court. They shall appear before the trial Court on each and every date to be give by the said Court.

9. Cc as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao