High Court Of ChhattisgarhMCRC/5652/2019allowed

Bhawani v. State Of Chhattisgarh

2019-11-06Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5652 of 2019 • Bhawani S/o Kumar Sahu Aged About 36 Years, R/o Village Bharda, P.S. Kurud, District- Dhamtari, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : Station House Officer, Police Station Kurud Civil And Revenue District- Dhamtari, Chhattisgarh. ---- Respondent For Applicant : Mr. Pushpendra Kumar Patel, Adv.

For Respondent/State : Mr. Wasim Miyan, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 06.11.2019

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 528/2019 registered at Police Station Kurud, Civil and Revenue DistrictDhamtari (C.G.) for the offence punishable under Sections 147 and 306/34 of IPC.

2. The prosecution story, in brief is that, the applicant marriage with deceased Godawari bai was applicant's 2nd marriage and Godawari bai's third marriage, due to harassment and torture by her in-laws, deceased Godawari bai has committed suicide. Based on this offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the other co-accused was already on bail. The applicant is in jail since 08.04.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the applicant is in jail since 08.04.2019 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 applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge H.L.Sahu