Smt. Sushila Bai v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7053 of 2019 • Smt. Sushila Bai, aged about 40 years, W/o Janakram Sahu, R/o Ward No.13 Sargaon, Police Station - Sargaon, District Mungeli (C.G.) ---- Applicant

Versus

• State of Chhattisgarh Through : Station House OfÏcer, Police Station - Sargaon, District Mungeli (C.G.) ---- Respondent For Applicant :

Shri Amit Kumar Sahu, Adv.

For Respondent :

Shri Wasim Miyan, P.L.

Hon'ble Smt Justice Rajani Dubey Order on Board /11/2019 1.

The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.190/2019, registered at Police Station - Sargaon, District Mungeli, (C.G.) for the offence punishable under Section 306/34 IPC.

2.

The allegation against the present applicant is that deceased Revti, daugher-in-law of applicant, committed suicide after pouring kerosene oil on her and set her ablaze due to cruelty being committed by the applicant, husband of deceased and brother-in-law (jeth) Sanjay Sahu. Based on this, offence has been registered. The present applicant has been taken into custody on 16.09.2019.

3.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that dying declaration of the deceased was

recorded in which she has not made any specific allegation against the applicant, in fact, she has made a statement that while cooking she came into contact of fire. He also submits that the applicant is in custody since 16.09.2019, the charge sheet has been filed and there is no likelihood of her case being decided in near feature. Therefore, she may be released on bail.

4.

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

5.

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

6.

Considering the totality of the facts and circumstances of the case, quality of evidence and further considering the fact that the applicant is in custody since 16.09.2019 and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release her on bail. 7.

Accordingly, the bail application is allowed. 8.

It is directed that the Applicant shall be released on bail on her executing a personal bond for a sum of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the trial Court for her appearance before the said Court as and when directed.

Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge Pekde