Smt. Jeeraba Sahu And ANR. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6002 of 2016
1. Dheerpal Sahu S/o Late Kartik Ram Sahu Aged About 60 Years R/o Village Katalbod, Post Office, Police Station & Tahsil Kurud, District Dhamtari, Chhattisgarh.
2. Digeshwar / Dimeshwar Sahu S/o Dheerpal Sahu Aged About 34 Years (As Per Charge Sheet Mentioned As Dimeshwar / Digeshwar Sahu Both & Digeshwar Sahu In The Rejection Order Of The Court Below) R/o Village Katalbod, Post Office, Police Station & Tahsil Kurud, District Dhamtari, Chhattisgarh.
3. Leman Ram Sahu S/o Dheerpal Sahu Aged About 36 Years R/o Village Katalbod, Post Office, Police Station & Tahsil Kurud, District Dhamtari, Chhattisgarh. --- Applicants
Versus
• State of Chhattisgarh through the Station House Officer, Police Station Kurud, District Dhamtari, Chhattisgarh. --- Respondent MCRC No. 6005 of 2016
1. Smt. Jeeraba Sahu, W/o Dheerpal Sahu Aged About 55 Years R/o - Village - Katalbod, Post Office, Police Station & Tahsil - Kurud, District - Dhamtari Chhattisgarh
2. Radhika Bai Sahu W/o Dimeshwar/ Digeshwar Sahu Aged About 31 Years (As Per Charge Sheet Mentioned As Dimeshwar / Digeshwar Sahu Both And Digeshwar Sahu In The Rejection Order Of The Court Below), R/o - Village - Katalbod, Post Office, Police Station & Tahsil - Kurud, District - Dhamtari Chhattisgarh --- Applicants
Versus
• State of Chhattisgarh through The Station House Officer, Police Station - Kurud, District - Dhamtari Chhattisgarh --- Respondent For the applicants :
Mr. Shivendu Pandya, Advocate.
For the Respondent :
Mr. Anupam Dubey, Panel Lawyer.
Hon'ble Shri Justice Goutam Bhaduri Order on Board 03.10.2016
1. These are first bail applications filed under Section 439 of the
Code of Criminal Procedure seeking grant of regular bail to the applicants in connection with Crime No. 357 of 2016 registered at P.S. Kurud, Distt. Dhamtari (C.G) for the offence punishable under Section Kurud, Distt. Dhamtari (C.G) for the offence punishable u/s 306/34 IPC.
2. Since both these applications are relating to the same crime number, they are decided by this common order.
3. As per the prosecution case, one Sarita Bai committed suicide by consuming poison on 03.06.2016. It is alleged that she was married to Leman Sahu in the year 2008 and thereafter she was subjected to torture by the in-laws for the reason that she was not able to earn anything. Consequently the deceased was further subjected to abetment and thereby she committed suicide.
4. Learned counsel for the applicants would submit on trivial issue the deceased committed suicide and perusal of the statements of witnesses would go to show that no allegations can be attributed to the present applicants and only on presumption, the offence has been registered. He further submits that the charge sheet has been filed and no further investigation is necessary, therefore, the applicants may be enlarged on bail.
5. Per contra, learned State Counsel opposes the bail.
6. Perused the case diary and the statements of witnesses.
7. Considering the totality of facts and circumstances of the case more particularly the that the charge sheet in this case has been filed and no further investigation is necessary, without any further observation on merits of the case, I am inclined to allow the bail appreciations.
8. Accordingly, the bail application are allowed and the
applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court. They shall also appear before the trial Court as and when directed by the said Court. C.c.
as per rules.
Sd/- GOUTAM BHADURI JUDGE R a o