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2016 DIGILAW 91 (CHH)

Jyoti Banjare v. State of C. G.

2016-03-16

SANJAY K.AGRAWAL

body2016
ORDER : Sanjay K. Agrawal, J. 1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing her on regular bail during trial in connection with Crime No. 92/2016, registered at Police Station Kurud, Distt. Dhamtari, for the offence punishable under Section 306 read with Section 34 of the IPC. Case of the prosecution, in brief, is that Smt. Usha, wife of Anirudh Banjare, committed suicide on account of instigation by the applicant and other co-accused persons. 2. Learned counsel for the applicant submits that the applicant has not committed any offence and she has been falsely implicated in the case, there is no allegation of marpit against the present applicant. The applicant's husband and deceased husband both are brothers and there is no allegation of instigation against the present applicant who is in jail since 19-2-2016. Charge-sheet has not been filed. 3. On the other hand, learned State counsel opposes the application. 4. I have heard learned counsel for the parties and perused the case diary. 5. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, role of the applicant being a woman aged about 28 years and stand of the applicant that there is no evidence of marpit against her, I am of the view that it is a fit case to enlarge the applicant on regular bail. Accordingly, the application is allowed. It is, therefore, directed that the applicant be released on bail on her furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned Court for her appearance as and when directed.