Smt. Parveen Noorani v. The State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8885 of 2020 • Smt. Parveen Noorani W/o Shri Yasin Noorani, aged about 35 years, R/o Village- Dabaripara Ward No. 08, Thana & TahsilCharama, District- North Baster Kanker (C.G.). ---- Applicant
Versus
• The State Of Chhattisgarh Through: the Station House Officer, Police Station- Charama, District- North Baster Kanker (C.G.). ---- Respondent For Applicant : Shri Sunil Sahu, Advocate For Respondent/State : Shri Dinesh Tiwari, Dy. G. A. Hon'ble Justice Shri Gautam Chourdiya Order on Board 07/01/2021
1) Heard
2) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as she is in jail since 19.11.2020 in connection with Crime No. 186/2020 registered at Police Station Charama, District- North Bastar Kanker (C.G.) for the offence punishable under Sections 306 of Indian Penal Code.
3) Case of the prosecution in brief is that on 07.01.2020 complainant- Laxmikant lodged a report at Police Station Rajendra Nagar, Raipur to the effect that Ku. Tanisha Noorani on 06.01.2020 at 5.00 pm poured kerosene oil and set her ablaze during treatment she died on 07.01.2020 at 2.40 hours at Kalda Hospital, Raipur. During investigation it was found that the step-mother of the deceased namely-Parveen Noorani
(present applicant) used to torture and harass the deceased as also commit marpeet with her over trivial house hold matters. The present applicant also used to allege that the deceased had committed theft of mobile phone of her brother and tortured her in this regard. Being fed-up with this persistent illtreatment and cruelty, the deceased committed suicide by poured kerosene oil on her body and setting her ablaze.
4) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He submits that the deceased committed suicide on 06.01.2020 and the FIR against the applicant is registered on 18.11.2020 after about 9 months of the incident. It is also submitted that the charge sheet has been filed and the applicant is in jail since 19.11.2020. He further submits that trial is likely to take some time for its final disposal. Therefore, the applicant be released on bail by this Court.
5) On the other hand, learned counsel for the respondent/State opposes the bail application.
6) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the fact that deceased is the step-daughter of the present applicant, charge-sheet has been filed, the fact that the present applicant is jail since 19.11.2020 and trial is likely to take some time for its final disposal, without commenting upon merits of the case the application is allowed. It is directed that in the event of the applicant 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, she shall be released on bail on the following conditions :- (i) she 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) she shall not act in any manner which will be prejudicial to fair and expeditious trial, and
(iii) she shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. (iv) she shall not involve herself in any offence of similar nature in future.
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