Amar Singh Yadav & ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8051 of 2018 1.

Amar Singh Yadav S/o Rarha Yadav, aged about 58 years, 2.

Narayan Yadav S/o Amar Singh Yadav, aged about 33 years, 3.

Narendra yadav S/o Amar Singh Yadav, aged about 30 years, All are R/o Saddu, P.S.- Dharsiwa, Distt. Raipur (C.G.) --- Applicants

Versus

State of Chhattisgarh, through Station house officer, Plice Station Dharshiwa, Distt. Raipur (C.G.) ---- Respondent For Applicants :

Mrs. Indira Tripathi, Advocate For Respondent :

Mr. U.K.S. Chandel, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 10/01/2019 1.

The Applicants have preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as they are arrested in connection with Crime No. 272/2018 registered at Police Station Dharshiwa, Distt. Raipur (C.G.) for the offence punishable under Sections 304-B, 34 of the IPC.

2.

Counsel for the Applicants submits that she does not want to press this bail application on behalf of Applicant No. 3. 3.

Thus, this bail application is dismissed against Applicant No. 3 as not pressed.

4.

Applicant No. 1 Amar Singh is father-in-law and Applicant No. 2

Narayan is brother-in-law and Applicant No. 3 Narendra is husband of Deceased Sunita. Marriage between Applicant No. 3 and the Deceased took place on 16/05/2017. It is alleged that after marriage the Deceased was harassed by the Applicants and their family members for demand of dowry. On 25/07/2017, one Led TV was provided by the family members of the Deceased, inspite of that the Applicants continued to harass the Deceased. On 15/04/2018, the Deceased died through hanging in suspicious condition. Merg was lodged. During merg inquiry, statement of witnesses were recorded and on the basis of that, FIR has been registered against the Applicants. They were arrested on 13/07/2018. 5.

Learned counsel appearing on behalf of the Applicants submits that Applicants No. 1 & 2 are father-in-law and brother-in-law of the Deceased, respectively. There is no specific allegation against both of them. Other co-accused persons namely Smt. Kalindri Yadav and Smt. Rashmi Yadav have already been enlarged on anticipatory bail by the coordinate bench of this Court vide order dated 06/09/2018 passed in MCRCA No. 964/2018. He prays that Applicant No. 1 & 2 are in jail since 12/07/2018 and trial will take time, therefore, they may be released on bail.

6.

Counsel appearing on behalf of the State also opposes the bail application.

7.

I have heard learned counsel for both the parties. 8.

Considering the entire facts and circumstances of the case, particularly considering that the main accused is husband i.e. Applicant No.3, there are only general allegations against Applicant No. 1 & 2 and

other co-accused persons have already been enlarged on anticipatory bail, without further commenting on merit of the case, I am inclined to release Applicant No. 1 & 2 on bail.

9.

Accordingly, the bail application is allowed in respect of Applicant No. 1 & 2.

10.

It is directed that Applicant No. 1 & 2 shall be released on bail on each of them executing a personal bond for a sum of Rs. 20,000/- with one surety of the like amount to the satisfaction of the trial Court for their appearance before the said Court, as and when directed. Sd/- (Arvind Singh Chandel) Judge Rahul