Ghurva Bai @ Chitrarekha Dewangan & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7302 of 2019

1. Ghurva Bai @ Chitrarekha Dewangan W/o Ramu Lal Aged About 60 Years, Occupation Housewife, R/o Panchmukhi Hanuman Nagar, Ratnabandha, Dhamtari, Tahsil And District Dhamtari, Chhattisgarh.

2. Ramu Lal S/o Manrakhan Aged About 62 Years, R/o Panchmukhi Hanuman Nagar, Ratnabandha, Dhamtari, Tahsil And District Dhamtari, Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh, Through : Police Station City Kotwali, Dhamtari District Dhamtari, Chhattisgarh.

---- Respondent For Applicants :

Mr. Pushpendra Kumar Patel, Adv.

For Respondent/State :

Mr. Anil Tripathi, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 09/01/2020

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. 348/2019 registered at Police Station City Kotwali, Dhamtari, District-Dhamtari (C.G.) against applicants for the offence punishable under Sections 304-B, 34 of the IPC.

2. The prosecution story, in brief is that, the allegation against the present applicants and other co-accused persons are that, they tortured to deceased Versha Dewangan for the demand of dowry, due to which deceased Versha Dewangan committed suicide on 06.08.2019 by hanging herself. 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 there are general allegations against the present applicants. The applicants are in jail since 17.08.2019, and 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 there are general allegations against the present applicants and applicant Ghurva Bai @ Chitrarekha Dewangan is a 60 years old lady and applicant Ramu Lal is a 62 years old person. The applicants are in jail since 17.08.2019, 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 applications are 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