Mohd. Azhar vs State of Chhattisgarh

Dhirendra Mishra, J.—The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.407/2010, registered in Police Station Mohan Nagar, District Durg for the offence punishable u/s 306 of the Indian Penal Code.

Case of the prosecution, in brief is that deceased Smt. Manju Sahu, W/o. Santosh Sahu was residing as a keep of the applicant and the applicant frequently used to harass and beat the deceased for selling household articles and also for talking to others. Because of the continuous harassment and illtreatment meted out by the applicant, she set herself on fire on 30.08.2010 at about 22.30 hours in the presence of the applicant. She was immediately. admitted in the hospital, where she died on 04.09.2010 at about 3.30 a.m. Offence was registered by Smt. Neelu Sahu, sister of the deceased on 04.10.2010.

Learned counsel for the applicant submits that the applicant and the deceased were residing separately and the allegations made against the applicant do not constitute abetment as defined u/s 107 of the IPC. He further submits that there is inordinate delay in registration of crime.

On the other hand, learned counsel for the State opposing the bail application submits that Dolly, daughter of deceased, Smt. Neelu Sahu and Kiran, sisters of the deceased have categorically alleged that because of the ill treatment of the applicant, the deceased committed suicide.

Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, having gone through the statements of Smt. Neelu, Kiran and Dolly, without expressing any opinion on the merits of the case, 1 am of the opinion that present is a fit case where the applicant should be released on bail. Accordingly, the application is allowed. It is directed that in the event of the applicant''s executing a personal bond for a sum of Rs. 10,000/- with one surety for the like amount to the satisfaction of the concerned trial Court, he shall be released on bail. He shall appear before the trial Court on each and every date given to him till disposal of the trial.