High Court Of ChhattisgarhMCRC/445/2017allowed

Smt. Dashoda Bai v. State Of Chhattisgarh

2017-02-02Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 445 of 2017 • Smt. Dashoda Bai W/o Tesuram Sahu, Aged About 52 Years R/o Village Beltukari, Police Station Rajim District Gariyaband Chhattisgarh --- Applicant

Versus

• State of Chhattisgarh through Its Police Station Kurud, Civil & Revenue District Dhamtari Chhattisgarh --- Respondent For the applicant :

Mr. Rekhraj Baghel, Advocate For the Respondent :

Mr. Avinash Mishra, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 02.02.2017

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicants in connection with Crime No.401/2016 registered at Police Station Kurud, Civil & Revenue District Dhamtari (C.G) for the offence punishable under Section 306 read with section 34 of IPC.

2. As per the prosecution case, one Inderman Sahu committed suicide by hanging on 15.08.2016. It is alleged that the applicant is mother-in-law of deceased. The deceased was married with Shiv Kumari and thereafter she was living in her maternal place and despite several meetings, the wife did not join him and the applicant who is mother-in-law of the deceased abetted him to commit suicide.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and nothing has been attributed to the present applicant and only general allegations have been attributed. He further submits

that the charge sheet has been filed; no further investigation is necessary and the applicant is in jail since 06.10.2016, therefore, she may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary and documents. Considering the facts and circumstances of the case and the proximity of the allegations as compared to the offence of abetment as also the fact that the charge sheet has been filed and the applicant is in jail since 06.10.2016 , I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on her executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. She will also appear before the trial Court as and when directed by the said Court till disposal of the trial.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o