High CourtsSingle Bench

Bhupendra @ Prakash Bhargav vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 16 April 2018 · Citation: (2018) 04 CHH CK 0182

HON’BLE JUDGES
GOUTAM BHADURI, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 304(B)
RESULT
Allowed
CASE NUMBER
MCRC No. 356 of 2018
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Judgment

15 paragraphs · 271 words
1.

This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been

arrested on 28.07.2017 in connection with Crime No. 138/2017 registered at Police Station Pussour, District Raigarh (CG) for the offence punishable

under Section 304 (B)/34 I.P.C.

2.

As per the prosecution case, on 27.06.2017, one Janki Bai Bareth committed suicide by setting herself ablaze. It is stated that she was married to

Sukesh Bareth in the year 2016 and she was subjected to torture for demand of dowry, consequently she committed suicide. The present applicants

are the father-in-law and mother-in-law of the deceased, they also committed crime along with the other co-accused.

3.

Learned counsel for the applicants submits that immediately after the incident when the merg statements were recorded on 27.06.2017, nothing

divulged against the present applicants, but subsequently on 28.07.2017 allegations of demand of dowry were made, therefore, the applicants may be

released on bail.

4.

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

5.

Perused the case-diary. Merg statement contains the statement of Padum Bareth and Gulvari Bai, which was recorded on 27.06.2017. Considering

the statements, I am inclined to release the applicants on bail.

6.

Accordingly, the application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of

Rs.25,000/- with one 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 by the said Court.