Ganpat Janghel & Another v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8788 of 2020

1. Ganpat Janghel, S/o Late Madan Singh, Aged About 48 Years, R/o- Village Bajguda, Police Station- Chhuikhadan, DistrictRajnandgaon, Chhattisgarh.

2. Smt. Urwash Bai Janghel, W/o Ganpat Janghel, Aged About 46 Years, R/o- Village Bajguda, Police Station- Chhuikhadan, District- Rajnandgaon, Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station- Chhuikhadan, District Rajnandgaon, Chhattisgarh. ---- Respondent For Applicants : Mr. Rahim Ubwani, Adv.

For Respondent/State : Ms. Ishwari Ghritlahre, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 01.04.2021

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. 264/2020 registered at Police Station- Chhuikhadan, District Rajnandgaon, (C.G.) for the offence punishable under Section 304-B/34 of IPC.

2. The prosecution story, in brief is that, father of the deceased lodged a missing report of the deceased. During investigation, dead body of the deceased has been recovered from the well which was situated in the house of the in-laws of the deceased. It has been alleged that in-laws of the deceased harassed her on account of dowry and also tortured her physically and mentally. Thereafter, 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 no injuries found on the body of the deceased in FSL report and there is no specific allegation of demand of dowry against the applicants. The applicants are in jail since 09.11.2020, 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. It is submitted that the offence committed by the applicants is of serious in nature, therefore, no case is made out for grant of bail.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the applicants are in jail since 09.11.2020 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 Ruchi