Darasram Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8893 of 2018 1.

Darashram Sahu, S/o Late Shri Battu Lal Sahu, Aged About 61 Years.

2.

Smt. Maheshi Bai, W/o Shri Darashram Sahu, Aged About 59 Years.

Residence of Village Pawani, P. S. & Tahsil Bilaigarh, Civil & Revenue District- Balodabajar-Bhatapara (C.G.) ---- Applicants

Versus

State of Chhattisgarh, through Station House Officer, Police Station Bilaigarh, Civil & Revenue District- Balodabajar-Bhatapara (C.G.) ---- Respondent ------------------------------------------------------------------------------------------- For Applicants :

Mr. Sunil Sahu, Advocate.

For State :

Mr. Vivek Sharma, G.A.

------------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 19/11/2018 1.

This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested on 04.08.2018 in connection with Crime No. 175/2018 registered at Police Station- Bilaigarh, Civil & Revenue District- Balodabajar-Bhatapara (C.G.), for the offence punishable under Section 304-B/34 of IPC. 2.

In the present case, name of the deceased is Smt. Sushila Sahu, who married with one co-accused namely Diamond Sahu on 23.04.2017. It is alleged that co-accused Diamond Sahu, his mother, father and present applicant and his wife Smt. Anjulata Sahu, have demanded gold and cash from the

deceased in dowry and harassed her, that is why she committed suicide.

3.

Learned counsel for the applicant submits that there is no statement against the present applicants and there is no direct role to play, therefore, the applicants may be enlarged on bail. 4.

On the contrary, learned State counsel opposes the application for grant of bail.

5.

Looking to the allegations which is general in nature and as no injury mark was found on body of the deceased, without further commenting on merits of the case, I am inclined to release the applicants on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicants shall be released on bail on their furnishing a personal bond in sum of Rs. 25,000/- each with one local surety each in the like amount to the satisfaction of the concerned trial Court. They shall appear before the trial court regularly on each and every date, unless exempted from appearance.

Certified copy as per rules.

Sd/- (Ram Prasanna Sharma) Judge Arun