Bodhan And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C No. 6144 of 2019

1. Bodhan S/o Bhuka Aged About 55 Years.

2. Arjun S/o Jagsai Aged About 35 Years.

3. Sant Kumar S/o Bindeshwar Aged About 35 Years. All are R/o Kodva, Police Station Kusmi, District Balrampur Ramanujganj Chhattisgarh.

---- Applicants

Versus

State of Chhattisgarh Through The Station House Officer, Police Station Kusmi, District Balrampur Ramanujganj Chhattisgarh. ---- Respondent For Applicants :

Shri Jitendra Shrivastava, Advocate.

For State/Respondent.

:

Shri Anurag Verma, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board /10/2019

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No.104/2019, registered at Police Station- Kusmi, District. Balrampur- Ramanujgan, (C.G.) for the offence punishable under Sections 306/34 & 327/34 of the Indian Penal Code.

2. As per prosecution story, Sandhya Sonwani (since deceased) had love affair with one kasim, who belongs to other caste/community, for which, she has been ousted from the society. However, subsequently she has been accepted in the society. After 2-3 months, she started going to college, and at that time, the accused/applicants used to taunt her about her lover affair with kasim and demanded money from her family member and also threatened her. Because of said act of the accused/applicants, she committed suicide by hanging herself, leaving behind a suicidal note. Based on which, offence has been registered against the applicant and they were arrested. Hence, this case.

3. It is submitted by learned counsel for the applicants that the applicants are innocent and they have been falsely implicated in this case. He further submitted that there is no direct evidence against the applicants to connect them with crime in question and they are in jail since 24.08.2019 and ready to abide by all the conditions which may be imposed while granting bail to the applicants, hence, it is prayed that the applicants may be released on bail.

4. On the other hand, the learned counsel for the State opposes the bail application and the submission made in this respect.

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

6. Considering the facts and circumstances of the case, particularly the fact that there is no direct evidence against the applicants, charge-sheet has already been filed, the applicants are in jail since 24.08.2019 and trial is likely to take some time, therefore, I am inclined to release them on bail.

7. Accordingly, the bail application is allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety each for the like amount to the satisfaction of the concerned trial Court for their appearance as and when directed.

Sd/- (Rajani Dubey) Judge Jamal