Tikeshwar Yadav And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4580 of 2019

1. Tikeshwar Yadav, S/o Mohan Yadav, Aged About 22 Years,

2. Sehatirin Bai Yadav, W/o Late Mohan Yadav, Aged About 55 Years, R/o Village Anjoripali, Police Station And Tahsil Kharsiya, District : Raigarh, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh, Through Police Station Kharsiya, District : Raigarh, Chhattisgarh ---- Respondent For Applicants :

Shri F.S. Khare, Advocate.

For Respondent/State :

Smt. Reena Singh, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 07/08/2019 1.

The applicants have filed this First bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody since 29.05.2019 in connection with Crime No.227/2019 registered at Police Station : Kharsiya, District - Raigarh (C.G.) for the offence punishable under Section 304 -B, 34 of the IPC. 2.

As per the prosecution case, the deceased committed suicide within a year after her marriage solemnized with one coaccused Ajay @ Tika Ram Yadav. It is alleged that the deceased committed suicide because of demand of dowry and cruelty done with her by in-laws. Based on this, the applicants were arrested on 29.05.2019.

3.

Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. He further submitted that the applicants are in custody since 29.05.2019 charge-sheet has not been filed and trial will take some more time, therefore, they may be released on bail. 4.

On the other hand, State counsel opposes the bail application.

5.

I have heard learned counsel for the parties and perused the record.

6.

Considering the totality of the facts and circumstances of the case and the fact that the applicants are in custody since 29.05.2019, charge-sheet has not been filed yet, trial will likely to take some more time and looking to the material available on record, this Court is of the opinion that it is a fit case to release the applicants on bail.

7.

Accordingly, the application is allowed.

8.

It is directed that the accused/applicants shall be released on bail on his furnishing a personal bond of Rs.25,000/- to each with one local surety for the like sum to the satisfaction of the concerned Court for their appearance before it as and when directed.

Sd/- (Rajani Dubey) Judge yasmin