Satish Sahu And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7473 of 2019

1. Satish Sahu S/o Ramchand Sahu Aged About 25 Years, R/o Village Karesara Thana And Tahsil Bodla, District Kabirdham, Chhattisgarh.

2. Sohaga Bai W/o Ramchand Aged About 52 Years, R/o Village Karesara Thana And Tahsil Bodla, District Kabirdham, Chhattisgarh.

3. Ramchand Sahu S/o Firanta Sahu Aged About 50 Years, R/o Village Karesara Thana And Tahsil Bodla, District Kabirdham, Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh, Through : Police Station Bodla, District Kabirdham, Chhattisgarh.

---- Respondent For Applicants :

Mr. Ajit Singh, Adv.

For Respondent/State :

Ms. Reena Singh, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 06/01/2020

1. The accused/applicants have moved this first bail application under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 93/2019 registered at Police Station-Bodla, District-Kabirdham (C.G.) for the offence punishable under Sections 498A, 313, 467, 468 and 471/34 of the IPC.

2. The prosecution story, in brief is that, complainant Madhu Sahu lodged written complaint that she was married with applicant Satish Sahu solemnized on 22.04.2018 by Hindu rituals but after some time the family members of in-laws house used to ill treatment by demanded dowry and when she was pregnant then pressurized for abortion due to not full fill their demand on 21.02.2019 aborted her fetus without her consent. Based on this offence has been registered against the present applicants.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He further submits that other co-accused has already been granted bail in MCRC No. 7037/2019 so, the present applicants may also be granted benefit of bail. The applicants are in jail since 17.09.2019, there is no likelihood of their case being decided in near future, therefore, the present applicants may be released on bail.

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

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicants and further considering the facts that other co-accused has already been granted bail. The present applicants are in jail since 17.09.2019 and 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.

7. 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 local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu