Allowed

Ku. Renu Dubey v. State Of Chhattisgarh

Chhattisgarh HC12 Jul 2016MCRC/3012/2016

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. arising from an acquittal-like situation involving torture and dowry death allegations, the High Court granted bail, relying on the fact that a similarly placed co-accused had been released on earlier bail.

What did the court decide?

The applicant shall be released on bail on furnishing a personal bond of Rs. 25,000 with one surety in the like sum.

Ku. Renu Dubey Vs State Of Chhattisgarh — Dowry and Cruelty | Chhattisgarh HC (2016)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 3012 of 2016

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Ku. Renu Dubey, D/o. Yash Kumar Dubey, Aged About 21 Years, R/o. Village Chachiya, P.S. Kartala, District Korba, Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh, Through the Station House Officer, Police Station Kartala, District Korba, Chhattisgarh

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---- Respondent

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For Applicant : Mr. Govind Ram Miri with Mr. Basant Kaiwartya, Advocates

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For Respondent : Ms. Shobha Kashyap, Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri

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Order On Board

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12.07.2016

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This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.11/2016 registered at Police Station- Kartala, District Korba (C.G.) for the offence punishable under Section 304-B/34 of Indian Penal Code.

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Case of the prosecution, in brief, is that the deceased Pinky Dubey committed suicide by set herself ablaze on 19.10.2015. She was married to Rohit @ Ambika Prasad Dubey on 20.05.2013 and thereafter she was subjected to torture for various reasons and for demand of dowry. The applicant is the daughter of the sister-in-law (Jethani) of the deceased and as per the prosecution she was also part to the torture committed by the other co-accused, therefore, the offence is committed.

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Learned counsel for the applicant would submit that the applicant has been falsely implicated and no specific allegation is attributed

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to this applicant. He further submits that on the similar facts and circumstances the other accused Poonam Dubey has been enlarged on bail by the co-ordinate Bench of this Court on 19.05.2016 in M.Cr.C. No.2320 of 2016 and the case of the present applicant is similar, therefore, she may be enlarged on bail.

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Per contra, learned State counsel opposes the prayer for grant of bail.

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Perused the statement of Munni Devi, mother of the deceased. After perusal of the statements, considering the nature of allegation and gravity of offence and further considering the pretrial detention of the applicant and the fact that the similarly placed co-accused has been enlarged on bail, I am inclined to release the applicant on bail.

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Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

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It is directed that the applicant shall be released on bail on her furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for her appearance as and when directed.

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Sd/- (Goutam Bhaduri) Judge

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Ashok

Ku. Renu Dubey v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ku. Renu Dubey v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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