Ramrati v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5749 of 2018 • Ramrati W/o Shivkumar Aged About 45 Years R/o- Village Nawpara Kala, Police Station And Tahsil Premnagar, District- Surajpur, Chhattisgarh, District : Surajpur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Police Of Police Station Premnagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh ---- Respondent _____________________________________________________________ For Applicant :

Mr. Anil Gulati, Advocate.

For Respondent/State :

Mr. Ashok Swarnkar, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 27/08/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.32/2018 registered at Police Station- Premnagar, District- Surajpur(C.G.) for the offence punishable under Sections 304-B, 498-A r/w 34 of the Indian Penal Code.

2. Learned counsel for the applicants submits that applicant is innocent and has been falsely implicated in this case. Applicant is in jail since 5.5.2018. No case is made out against this applicant according to the material present in the charge-sheet filed in this case. Husband of the

Page No.2 deceased has been granted bail by the trial Court itself and the applicant is also similarly placed. Hence, it is prayed that applicant be enlarged on regular bail.

3. Learned State counsel opposes the bail application and submissions made in this respect.

4. Heard both the parties and perused the case diary.

5. Deceased was daughter-in-law of this applicant. Her marriage with the son of this applicant took place in May, 2017. Deceased Kabutari Bai committed suicide by hanging herself on 6.4.2018. After morgue inquiry, the FIR has been lodged on 26.4.2018.

6. The allegation made against this applicant in the diary statement of the witnesses is of general in nature and similarly placed co-accused has been granted bail by the trial Court itself. For these reasons, I am of this view that applicant deserves to be enlarged on regular bail.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on her furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for her appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha