Smt. Radhika Adwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7648 of 2016 • Smt. Radhika Adwani W/o Sunil Advani Aged About 38 Years R/o Kashyap Colony, Karbala Road, Behind Of Surya Hotel Bilaspur, District - Bilaspur Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh Through : The Police Station City Kotwali, Bilaspur District Bilaspur Chhattisgarh --- Respondent For the applicant : Shri S.C. Verma, Advocate For the Respondent : Shri Sangharsh Pandey, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 30.11.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 186/2013 registered at P.S. City Kotwali, Bilaspur Distt. Bilaspur (C.G) for the offence punishable under Sections 304-B/34 and 302/34 IPC.

2. As per the prosecution case, deceased Saumya Adwani was married to one Rakesh Adwani on 22.02.2012. Subsequently she was subjected to torture for demand of dowry by the applicant and others, therefore, Saumya committed suicide by hanging on 16.3.2016.

3. Learned counsel for the applicant would submit that the husband of the deceased Rakesh was tried for the offence and he has been convicted by the court below. He further submits that the applicant is sister-in-law; she was living separately and only general omnibus allegations have been attributed to the present applicant and she has been falsely

implicated. It is also submitted that the applicant is suffering from a disease and she is being treated in jail. It is further submitted that the charge sheet has been filed and no further investigation is necessary, therefore, she may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the document and the statements of witnesses which show that general omnibus allegations have been attributed against the applicant. Considering the documents and taking into the fact that the statement is already on record as also the fact that the mother-in-law and father-inlaw have already been enlarged on bail by this Court in M.Cr.C.No. 2625/2016 on 21.06.2016, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on her executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. She will 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