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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 3433 of 2015

1. Smt. Shushila Chauhan W/o Late Manharan Chauhan Aged

About 45 years R/o Village Limtara, Police Station Kumhari,

Tahsil Dhamdha, District Durg Chhattisgarh

2. Kumari Rekha Chauhan D/o Late Manharan Chauhan Aged

About 19 Years R/o Village Limtara, Police Station Kumhari,

Tahsil Dhamdha, District Durg Chhattisgarh

---- Applicants

Versus

State Of Chhattisgarh Through District Magistrate Durg, District

Durg Chhattisgarh

---- Non-applicant

For Applicants:

Shri N.S. Dhurandhar, Advocate.

For Non-applicant/State:

Shri Neeraj Jain, Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal

Order On Board

28/07/2015

Heard.

(1)

The accused/applicants have moved this bail application

under Section 439 of the Code of Criminal Procedure for

releasing them on regular bail during trial in connection with

Crime No.26/2015 registered at Police Station –Kumhari, District

Durg for the offences punishable under Sections 304(B), 34 of

the Indian Penal Code.

(2)

Case of the prosecution is that marriage of deceased

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Manisha Chauhan was solemnized with co-accused – Hariom

Chouhan in the year 2010 and immediately after marriage

applicants & co-accused person started harassing her and

treated her with cruelty in connection with demand of dowry and

out of humiliation and frustration, she committed suicide by

burning.

(3)

Learned counsel appearing for the applicants would

submits that applicant No. 1 is father-in-law & applicant No. 2 is

sister-in-law of the deceased and there are general & omnibus

allegations against the applicants. He further submits that

applicant No. 1 is the old aged lady whereas applicant No. 2 is

unmarried girl and, as such, there is no role of the present

applicants in the crime in question, in fact, she committed suicide

being unhappy on account of being issuless and they are in jail

since 14.03.2015 and no useful purpose would be served in

detaiing them in jail and, therefore, the applicants may be

released on bail.

(4)

On the other hand, learned counsel for the State opposes

the bail application.

(5)

Taking into consideration the facts and circumstances of

the case, and further considering the role of the present

applicants in the offence in question, who are mother-in-law &

brother-in-law of the deceased; considering their pre-trial

detention and the charge sheet has already been filed against

them, this Court is of the opinion that it is a fit case to release the

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applicants on bail. Accordingly, the bail application is allowed.

(6)

Accused/applicants Smt. Shushila Chauhan & Kumari

Rekha Chauhan are directed to be released on bail on each of

them executing a personal bond in the 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 to them by the said Court.

Certified copy, as per rules.

Sd/-

(Sanjay K. Agrawal)

Judge

D/-