Narayan Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7104 of 2021

1. Narayan Verma S/o Late Shri Jhaduram Verma Aged About 37 Years R/o Shivnandan Chowk, Shankarpur, Ward No. 10, Police Station O.P. Chikhli, Tahsil And District Rajnandgaon, Chhattisgarh.

2. Narmada Bai W/o Shri Narayan Verma Aged About 33 Years R/o Shivnandan Chowk, Shankarpur, Ward No. 10, Police Station O.P. Chikhli, Tahsil And District Rajnandgaon, Chhattisgarh.

3. Khedi Bai W/o Late Shri Jhaduram Verma Aged About 70 Years R/o Shivnandan Chowk, Shankarpur, Ward No. 10, Police Station O.P. Chikhli, Tahsil And District Rajnandgaon, Chhattisgarh.

---- Applicants

Versus

• State of Chhattisgarh, Through- Station House OfÏcer, Police Station- Lalbag, District- Rajnandgaon, Chhattisgarh. ---- Respondent For Applicants :

Mr. Abhishek Sharma, Adv.

For Respondent/State :

Mr. Anurag Verma, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 25/10/2021

1. The accused/applicants have moved this first bail application under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 149/2021(as per charge-sheet) registered at Police StationLalbag, District - Rajnandgaon (C.G.) for the offence punishable under Section 306/34 of the IPC.

2. The prosecution story, in brief is that, in the intervening night of 27-28.10.2021, deceased Dinesh Verma committed suicide by hanging himself. During marg enquiry of 82/2020 it was found that before the incident i.e. on 25.10.2020 deceased came to Rajnandgaon for search of work and on the night of 26.10.2020 he stayed in the house of the applicants who are

their relative. It is alleged that on 26.10.2020 someone committed theft of mobile and cash of applicants thereafter, on 27.10.2020 applicant No. 1 and deceased consumed liquor and after that quarrel took place regarding theft of articles. After that applicant No. 2 lodged FIR against the deceased with regard to said quarrel. Then deceased went to village Litiya and committed suicide. Based on this, offence has been registered against the present applicants.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He further submits that charge-sheet has been filed and the applicants are in jail since 22.06.2021, there is no likelihood of their case being decided in near future, therefore, the present applicants may be released on bail.

4. On the other hand, counsel for the State opposes the bail application and submits that the applicants committed a serious offence; therefore, they may not be released on bail.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicants and further considering the facts that the applicants are in jail since 22.06.2021 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicants on bail. Accordingly, the application is allowed.

7. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 25,000/- each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu