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2009 DIGILAW 24 (CHH)

ARJUN SINGH PATEL v. STATE OF C. G.

2009-01-20

SUNIL KUMAR SINHA

body2009
ORDER As per Hon'ble Shri Sunil Kumar Sinha, J. :- Heard. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants, who have been arrested in connection with Crime No.286/2008 registered at Police Station – Dongargaon, Distt. Rajnandgaon (C.G) for the offence punishable under section 306/34 of IPC and section 4-5 of the Chhattisgarh Tonahi Pratadna Nivaran Adhiniyam. 2005. Deceased Phaleshwari Bai was married to the son of co-accused Birjhha Bai in the year 1997. She was residing in her in-laws' place along-with her husband. On 02.10.2008, she committed suicide by burning herself. A merg intimation was lodged on the same day. After enquiry of the merg, the First Information Report was lodged on 13.10.2008 and the applicants were taken into custody on 14.10.2008. The allegations are that these applicants and other co-accused persons were harassing the deceased by identifying her as "Tonahi". Learned counsel for the applicants submits that there is hardly any evidence of abetment in this case. He also submits that false allegations have been levelled against the applicants. He further submits that almost similarly placed co-accused persons namely Balram Sahu and Smt. Birjhha Bai have been enlarged on regular bail vide common order dated 15.12.2008 passed in two different bail applications. He further submits that the applicants may be released on regular bail, who are in jail since 14.10.2008. On the other hand, learned counsel for the State opposes the bail application. He reads the statements of Ram Milan (brother of the deceased) and one Jantri Bai, in which, it comes that the deceased had told them that she was harassed on being identified as Tonahi by these applicants. Considering the facts and circumstances of this case, particularly considering the nature of allegations raised against the applicants and the nature of evidence collected against them and further that they are in jail since 14.10.2008 and the charge-sheet has been filed and the disposal of the trial is likely to take some more time and similarly placed co-accused persons have been enlarged on regular bail, I am of the opinion that present is a fit case to enlarge these applicants also on regular bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in sum of Rs.10,000/- with one surety each in the like sum to the satisfaction of the trial Court for their appearance before the said Court on each date of hearing till the disposal of the trial. Certified copy as per rules.