High Court Of ChhattisgarhMCRC/6604/2019allowed

Jeevan Das Mahilang & ANR. v. State Of Chhattisgarh

2019-12-03Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6604 of 2019

1. Jeevan Das Mahilang S/o Jodhi Ram Aged About 50 Years R/o. Village - Khauna, Police Station - Dharsiva, District - Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Smt. Raj Bai Mahilang W/o Jeevan Das Mahilang Aged About 45 Years R/o. Village - Khauna, Police Station - Dharsiva, District - Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through - Police Station- Dharsiva, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondent For Applicants :

Shri P.K. Patel, Advocate.

For Respondent :

Shri Akhtar Hussain, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 03/12/2019

1. The accused/applicants have moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No.414/2019 registered at Police Station - Dharsiva, District Raipur(C.G.) for the offence punishable under Sections 306/34 of the IPC.

2. It is the case of the prosecution that complainant lodged a report that on account of cruel treatment by the present applicants, who are father-in-law and mother-in-law, the deceased committed suicide.

3. Learned counsel for the applicants submits that the

applicants have been falsely implicated in the crime and they have never ill-treated the deceased and there are small issues in the house. He further submits that as the applicants are in custody since 25.8.2019 and the trial is likely to take some time for its final disposal, they may be released on bail.

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

5. Considering the facts and circumstances of the case, in particular there are general allegations against the applicants and that the applicants are in jail since 25.8.2019, I am of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.

6. Accordingly, the application filed under Section 439 Cr.P.C. is allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in sum of Rs.25,000/- with one surety each in like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed till the disposal of the trial.

7. Certified copy, as per rules.

Sd/ (Rajani Dubey) Judge sunita