Mohardhar & ANR. v. The State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6992 of 2019
1. Mohardhar & Anr. S/o Shivrat Dewangan Aged About 42 Years Cast Kostha, (Father Name Shivraj Is Wrongly Mentioned In Order Sheet) R/o Village Sarangpal, Police Station And Tahsil Kanker, District Uttar Bastar Kanker Chhattisgarh
2. Purnima Dewangan W/o Mohardhar Dewangan Aged About 38 Years Cast Kostha, R/o Village Sarangpal, Police Station And Tahsil Kanker, District Uttar Bastar Kanker Chhattisgarh, ---- Applicants
Versus
• The State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali Dhamtari, District Dhamtari Chhattisgarh ---- Respondent For Applicants : Shri Amit Kumar Sahu, Advocate For Respondent/State : Shri V.K.Agrawal, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 16/12/2019 The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No.348/2019 registered at police station City Kotwali, District Dhamtari (CG) for the offence punishable under Sections 304-B,34 IPC.
As per prosecution case, deceased Varsha Dewangan committed suicide by hanging. It is alleged that husband of the deceased Bhagwat Dewangan, Ramu Dewangan and Ghuruwa Dewangan father and mother-in-law and wife of Mohardhar Dewangan
used to harrass the deceased for demand of dowry. Counsel for the applicants submits that the applicants are innocent and they have been falsely implicated. He submits that the applicants are in jail since 11.10.19 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion and therefore they may be released on bail.
On the other hand, learned counsel for the State opposes the bail application.
Considering the totality of the facts and circumstances of the case, in particular the detention period of the applicants, I am inclined to release them on bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicants' furnishing a personal bond of Rs. 25,000/- each with one surety in the like sum to the satisfaction of the concerned court for their appearance before it as and when directed, they shall be released on bail. Sd/- (Rajani Dubey) Judge suguna