NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

M.Cr.C. No.4381 of 2022

1. Sarwan Kumar Sahu S/o Mannu Lal Sahu Aged About 26 Years R/o Village -

Ranitarai, Ward No 4, Out Post - Surgi, Thana- Basantpur, District-

Rajnandgaon Chhattisgarh.

2. Mannu Lal Sahu S/o Late Moti Lal Sahu Aged About 54 Years R/o Village -

Ranitarai, Ward No. 4, Out Post Surgi, Thana- Basantpur, District -

Rajnandgaon Chhattisgarh

---- Applicants

Versus

The State Of Chhattisgarh Through Thana - Basantpur, District Rajnandgaon

Chhattisgarh.

---- Non-Applicant

For Applicants:

Shri Samir Singh, Advocate.

For Non-Applicant/State :

Shri DC Verma, G.A.

Hon'ble Shri Justice

Deepak Kumar Tiwari

Order on Board

07.07.2022

1.

This is the 2^nd bail application filed under Section 439 of the Code of

Criminal Procedure, 1973 for grant of regular bail to the Applicants, who have

been arrested in connection with Crime No.269/2020 registered at Police Station

– Basantpur, District Rajnandgaon for the offence punishable under Sections

304-B and 201/34 IPC. The earlier application was dismissed as withdrawn with

the liberty as mentioned therein vide order dated 04.02.2022 passed in M.Cr.C

No.10329/2021.

2.

Prosecution case is that the marriage of deceased Vasini Sahu was

solemnized with Applicant No.1-Sarwan Kumar Sahu on 06.05.2020 and she had

committed suicide on 05.08.2020 i.e. within three months of her marriage by

hanging herself in her in-law’s house. Allegation against the present Applicants

who are husband and father-in-law respectively is that they were harassing the

deceased along with her mother-in-law namely Smt Lata Sahu demanding dowry

due to which, the deceased committed suicide and after merg enquiry, FIR was

lodged on 06.08.2020.

3.

Learned counsel for the Applicants submits that the Applicants are

innocent and have been falsely implicated in the crime in question for which, they

are in jail since 06.08.2020. He further submits that some of the witnesses have

been examined out of which, the mother of the deceased has not supported the

case of the prosecution and turned hostile and on the same allegations co-

accused Smt Lata Sahu, who is the mother-in-law of the deceased has been

enlarged on bail by the co-ordinate Bench vide order dated 16.07.2021 passed in

M.Cr.C. No.2313/2021. He lastly submits that conclusion of the trial may take

quite some time, therefore, the present Applicants may be released on bail.

4.

Per contra, learned Counsel for the State opposed the bail application and

submits that there are two previous criminal antecedents against Applicant No.2-

Mannu Lal Sahu and nothing as such against Applicant No.1-Sarwan Kumar

Sahu. He further submits that the deceased died by committing hanging herself

within a very short span of her marriage, therefore, the present Applicants are not

entitled to be released on bail.

5.

Considering the facts and circumstances of the case, looking to the nature

of allegations, particularly considering the statement of the mother of the

deceased and the mother-in-law of the deceased namely Smt Lata Sahu has

been enlarged on bail by the co-ordinate Bench vide order dated 16.07.2021

passed in M.Cr.C. No.2313/2021, the trial may take some time for its conclusion,

without further commenting anything on merits, I am inclined to grant regular bail

to the Applicants.

6.

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

allowed and it is directed that on Applicants’ furnishing a personal bond for a sum

of Rs.25,000/- with one surety each in the like sum to the satisfaction of the

concerned Court, they shall be released on bail. They shall however, make their

appearance before the concerned Court as and when so directed.

Sd/-

(Deepak Kumar Tiwari)

Judge

Priya