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Judgment
6 paragraphs · 274 wordsK.H.N. Kuranga, C.J.—Heard both the Counsels.
This application u/s 439 of Cr.P.C. has been filed for grant of bail by the applicants,, who are the accused in Crime No. 136/2002/ registered in Police Station Kawardha, for the offence punishable u/s 306 read with Section 34 of I.P.C.
The name of the deceased is Kanti Bai, wife of applicant No. 1. It is the case of the prosecution that she committed suicide by consuming poison on 21.6.2002 as the applicants harassed and tortured her demanding dowry. It is also the case of the prosecution that the deceased was issueless and on account of that the applicants were torturing her.
Learned Counsel for the applicants submitted that the inquest was held on 21.6.2002. During the inquest the relatives of the deceased were present and they did not make any complaint of demand of dowry by the applicants, which is not disputed by the Warned Counsel for the respondent/State. The only allegation against the applicants is that they were torturing the deceased demanding dowry, but the relatives have not stated anything regarding dowry when their statements were recorded during the inquest.
In the circumstances, I am of the opinion that the applicants are entitled for grant of bail. Accordingly, the application is allowed and the applicants are directed to be released on bail on each of them executing a bond in the sum of Rs. 5,000/- with two sureties for the like sum to the satisfaction of the concerned Magistrate for their appearance before the Trial Court/said Court or as and where so directed.
Parties are entitled for certified copy of this order.