Sunaina v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6014 of 2018 Sunaina W/o Rajkumar Singh, aged about 60 years R/o Rajiv Nagar Supela, P.S.- Supela Bhilai, Tahsil & Distt. Durg (C.G.). --- Applicant

Versus

State of Chhattisgarh, Through District Magistrate Durg, Distt. Durg (C.G.). ---- Respondent For Applicant :

Mr. Arvind Kumar Dubey, Advocate For Respondent :

Mr. S.R.J. Jaiswal, Panel Lawyer Hon'ble Shri Justice Arvind Singh Chandel Order on Board 19/09/2018 1.

The applicant has preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 534/2018 registered at Police StationSupela Bhilai, Distt.- Durg (C.G.) for the offence punishable under Sections 498, 304-B, 306/34 of the IPC.

2.

As per prosecution story, the present applicant is mother-in-law of the deceased- Kavita. The marriage between Kavita and Vikas Singh was solemnized on 03/12/2017. It is alleged that after marriage, the present applicant and other co-accused persons used to harass the deceased by saying that she can bring Rs. 50,000/- from her parental house for constructing the house. They always used to quarrel with the deceased and due to which, deceased- Kavita committed suicide by hanging herself in her room. The complaint was made by Kamal Kishore Singh, brother of the deceased. On the basis of said complaint, offence has been registered against the present applicant

who is mother-in-law of the deceased, Vikas Singh and Akash (Devar). The present applicant has been arrested on 09/06/2018. 3.

Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant never harassed the deceased. There was illicit relation of Vikash, husband of deceased with one another lady, and therefore, deceased and Vikas, always used to quarrel. Due to said quarrel, the deceased committed suicide. The main accused is Vikas. The present applicant is in custody since 09/06/2018, charge-sheet has been filed and the trial will likely to take some time, therefore, the applicant may be released on bail. 4.

Per contra, learned counsel appearing on behalf of the State opposes the bail application.

5.

I have heard learned counsel for both the parties. 6.

Considering the entire facts and circumstances of the case, particularly the fact that there was illicit relation between Vikas, husband of deceased with one another girl, due to which, the deceased and Vikas used to quarrel and deceased committed suicide. The present applicant is a lady, she is in custody since 09/06/2018, charge-sheet has been filed and the trial will likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one surety for the like

amount to the satisfaction of the trial Court for his appearance before the said Court, as and when directed.

Sd/- (Arvind Singh Chandel) Judge Rahul