Vijay Agrawal & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7219 of 2019

1. Vijay Agrawal S/o Late Ghanshyam Agrawal Aged About 52 Years R/o Village Negipara, Chhal, P.S. Chhal, District Raigarh, Chhattisgarh.

2. Smt. Saroj Agrawal W/o Vijay Agrawal Aged About 46 Years R/o Village Negipara, Chhal, P.S. Chhal, District Raigarh, Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh Through Police Station - Chhal, District Raigarh, Chhattisgarh.

---- Respondent For Applicants :

Mr. Rahil Arun Kochar, Advocate.

For Respondent :

Mr. Anurag Verma, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 08.01.2020 • The accused/applicants have moved these first bail applications under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 37/2019 registered at Police Station - Chhal, Tahsil Dharamjaigarh District Raigarh (C.G.) for the offence punishable under Sections 304-B, 398 A/34 of IPC.

• The prosecution story in brief is that, the deceased Aarti Sharma died by committing suicide by consuming poison in her matrimonial house. The allegation against the present applicants and other accused is that soon after marriage, the deceased was subjected to cruelty in connection with demand of dowry so she committed suicide by consuming poison. On the basis of that, offence has been registered against the applicants and they have been arrested. • Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in

the case. He further submitted that prima-facie there is no demand of dowry made out against the present applicants. Applicants are old persons and are in jail since 25.09.2019, therefore, the present applicants may also be granted bail. • On the other hand, counsel for the State opposes the bail application.

• I have heard learned counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the detention period of the applicants, as the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicants on bail. Accordingly, the application is allowed.

• Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 25,000/- each, with one surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the said Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu