High Court Of ChhattisgarhMCRC/7763/2021allowed

Heermeshwari Mhelkar v. State Of Chhattisgarh

2021-10-25Hon'Ble Shri Justice Deepak Kumar Tiwari2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7763 of 2021

1. Heermeshwari Mahelkar, W/o Tikram Das Mahelkar, aged about 31 years, R/o Village Chirchari Khurd, Post Atargaon, Police Station Dongargaon, Tahsil Churiya, District Rajnandgaon (CG) ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Dongargaon, District Rajnandgaon (CG) ---- Non-Applicant For Applicant : Shri Aditya Bhardwaj, Advocate.

For Non-Applicant : Shri Vaibhav Kartikey Agrawal, PL.

Hon'ble Shri Deepak Kumar Tiwari, J Order On Board /10/2021 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.300/2021 registered in Police Station Dongergaon District Rajnandgaon for offence under Section 306 of the IPC.

2. Case of the prosecution, in brief, is that deceased Bhudiyarani Bai had consumed poison on 22nd May, 2020 and committed suicide. During investigation, it was found that on 25.11.2019 there was quarrel between the deceased and the present applicant, who is the daughter-inlaw of the deceased. For earlier incident, the police has registered the case against the applicant under Section 107/116 (3) of the CrPC. It is the further case of the prosecution that the deceased committed suicide

due to harassment of her own daughter-in-law.

3. Learned counsel for the applicant would submit that the applicant is an innocent person and has been falsely implicated in the case. The case of the prosecution is based on circumstantial evidence. The applicant is in jail since 15.9.2021. Therefore, the applicant may be released on bail.

4. On the other hand, learned State Counsel opposes the bail application.

5. As per the prosecution case, it reveals from the order of the trial Court that on the date of the incident, the deceased was taken to hospital and during treatment, she died on the same day.

6. Considering the facts and circumstances of the case and the nature of evidence, this Court finds fit to release the applicant on bail.

7. Accordingly, the application is allowed and the applicant is directed to be released on bail on her executing a personal bond for a sum of Rs.10,000/- with one surety for the like amount to the satisfaction of the trial Court. She is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- (Deepak Kumar Tiwari) Judge Barve