Sanjula And Another v. State Of Chhattisgarh
M.Cr.C. No. 8909 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 8909 of 2020
1. Sanjula D/o Dhyan Singh Kanwar, aged about 18 years
2. Manjula D/o Dhyan Singh Kanwar, aged about 20 years Both are R/o Village Singrooli, Police Station Janakpur, District Korea (C.G.) ---- Applicants
Versus
• State of Chhattisgarh, Through : Station House Officer, Police Station Janakpur, District Korea (C.G.) ---- State/Non-Applicant For Applicants :
Smt. Usha Chandrakar, Advocate For Respondent/State :
Shri Vimlesh Bajpai, Government Advocate Hon'ble Shri Justice Gautam Chourdiya, J Order on Board 27.01.2021
1. The applicants have preferred this first bail application under Section 439 of Cr.P.C. as they are in jail since 09.10.2020 in connection with Crime No. 132/2020 registered in Police Station- Janakpur, District Korea (CG) for the offence punishable under Section 306 read with Section 34 of IPC.
2. Marriage of deceased Usha Singh and Ajeet Singh was solemnized in the month of February, 2017. As per prosecution case, husband of deceased Ajeet Singh lodged the merg intimation in Police Station Janakpur that his wife Usha Singh (deceased) committed suicide on 18.05.2020 at about 09:00 pm by consuming poison and her body was found behind the back of his house in badi. The allegations against the present applicants (sisters-inlaw of the deceased) are that the present applicants and husband of the deceased used to harass the deceased and beat her, therefore, she committed suicide by consuming poison. The F.I.R. was lodged against the present applicants and Ajeet Singh.
3. Learned counsel for the applicants submits that the applicants are innocent person and have been falsely implicated in the crime in question. She also submits that the applicants are in jail since 09.10.2020, charge-sheet has
M.Cr.C. No. 8909 of 2020 been filed and conclusion of the trial is likely to take some time, therefore, the applicants be released on bail.
4. On the other hand, learned counsel for the State opposes the bail application.
5. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the fact that marriage of the deceased with Ajeet Singh was solemnized in the month of February, 2017 and she committed suicide on 18.05.2020, the nature of allegations against the present applicants and that main allegations are against her husband Ajeet Singh, the age of the present applicants i.e. 18 & 20 years of age, the detention period of the applicants, charge-sheet has already been filed and there is no apprehension of the applicants tampering with the evidence or absconding, without expressing any opinion on merits of the case, the bail application is allowed.
6. It is directed that in the event of each of the applicants executing a personal bond for a sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the concerned trial Court, they shall be released on bail on the following conditions:- i.
they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. ii. they shall not act in any manner which will be prejudicial to fair and expeditious trial, and iii. they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. iv. they shall not involve themselves in any offence of similar nature in future or else this order granting bail to the applicants shall automatically stand cancelled without further reference to the Bench.
Sd/- (Gautam Chourdiya) Judge vatti