Decided on July 21,2005

RAMBAI Appellant
State Of C G Respondents


- (1.) HEARD . Since both these applications namely M.Cr.C. No. 1211/2005 and 1212/2005 arise out of the same crime number i.e. 33/2005 of Police Station Jaijaipur, they are disposed of by this common order. The applicants are in custody in connection with the aforesaid crime number for the offence punishable under section 304-B/34 of the IPC. Case of the prosecution is that deceased Dusiabai was married to co- accused Pushpendra Sahu on 17-6-2004 who committed suicide by setting herself ablaze on 13-2-2005. Merg intimation was given by one Bharat, the uncle-in-law of the deceased on 13-2-2005 itself, During Merg inquiry statement of the father of the deceased namely Gopal Ram was recorded on the same day and the statements of Dilsingh, Durga and Chain Singh, the uncle of the deceased were recorded on 14-2-2005 in which they have not stated anything against the applicants. However, on the basis of the statements of the mother, father and other family members of the deceased which were recorded on 4-3-2005 the applicants have been made accused for the aforesaid offence. FIR was registered on 21-2-2005.
(2.) LEARNED counsel for the applicants submits that father of the deceased was present on 13-2-2005 during the inquest proceedings but he did not make nay allegation against the present applicants. He further submits that even in the statements recorded during Merg inquiry the father of the deceased has not made any allegation against the present applicants and the applicants have been implicated in the aforesaid offence only on the basis of the statements recorded on 4-3-2005 after a lapse of 15 days from the date of incident. Learned counsel further submits that the applicants of M.Cr.C. No. 1211/2005 are physically disabled persons and a certificate to this effect has also been collected during investigation whereas applicant of M.Cr.C. No. 1212/2005 is a lady aged 65 years and there are no allegations against them in the statements recorded immediately after the incident. On the other hand learned counsel for the State opposing the application for bail submit that the death of the deceased was caused by self immolation by pouring kerosene and setting herself ablaze within nine months of her marriage and there are allegations in the charge sheet that they were harassing the deceased demanding dowry and therefore, they are not entitled for grant of bail. Taking into consideration the fact that no allegations were made by the father of the deceased and other family members in their statements which were recorded immediately after the incident i.e. on 13-2-2005 and 14-2-2005 and that two of the applicants are physically disabled and one is a lady of 65 years old, I am of the opinion that it is a fit case to grant them bail. Accordingly, the application is allowed. Applicants namely Jagdish Sahu, Ku. Hemlata Sahu and Smt. Rambai are directed to be released on bail on each of them furnishing a bond in the sum of Rs. 10,000/- with one surety for the like sum to the satisfaction of the concerned Court. Parties are entitled for certified copy of this order. Bail Granted.;

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