The High Court allowed a regular bail application filed under Section 439 CrPC by two applicants in a dowry-death case. They were directed to furnish a personal bond of Rs. 25,000 each with one surety to be released.
Applicants released on regular bail requiring personal bond of Rs. 25,000 with one surety each for the like sum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 5115 of 2020
Both R/o. Village Sukli, Police Station Janjgir, District JanjgirChampa CG
---- Applicants
Versus
---- Respondent
For Applicant : Shri Ravindra Sharma Advocate For Respondent /State : Shri Rahul Jha, GA
Hon'ble Smt. Justice Rajani Dubey
Order On Board
17/08/2020
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. 239/2020 registered at police station Janjgir district Janjgir-champa (CG) for the offence punishable under Section 304-B/34 IPC.
As per prosecution case, complaint was lodged by the father of the deceased alleging that his daughter and son-in-law committed suicide on the railway line at Naila-Champa. It is alleged that the present applicants ill treated her for demand of dowry.
Counsel for the applicants submits that the applicants have been falsely implicated in the case. He submits that the deceased were
husband and wife and they were residing separately from their in-laws. He further submits that similarly placed co-accused has been granted bail by this Court in M.Cr.C. No. 3623/2020 vide order dated 26.06.2020 and therefore the applicants may also be granted the benefit. Lastly, he submits that the applicants are in jail since 20.05.2020; charge sheet has been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion, therefore they may be released on bail.
On the other hand counsel for the State opposes the bail application.
Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicants, I am inclined to release them on regular 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 in the sum of Rs. 25,000/- with one surety each for the like sum to the satisfaction of the concerned Court, they shall be released on bail.
Sd/(Rajani Dubey) Judge
suguna
2 issues framed by the court
Whether the applicants are eligible for regular bail in a case involving dowry-related death under Section 304-B IPC.
Whether the applicants shall be released on bail having regard to the period of custody already served.
2 provisions across 2 enactments
Durgesh Rathore
Smt. Santoshi Bai
State Of Chhattisgarh
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
