BHURI BAI SAHU Vs. STATE OF C.G.

JUDGEMENT

(1.) THE accused/applicant namely, Bhuri Bai (mother-in-law of Amita Bai) has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing her on regular bail during trial in connection with Crime No. 321/ 2007, registered at Police Station Bilaigarh, District Raipur, for the offence punishable under Sections 302, 201 & 498-A read with Section 34 of the Indian Penal Code. Case of the prosecution, in brief, is that Amita Bai (since deceased) was married with Raj Kumar (son of the present applicant) in the year 2005. On 26- 11-2007 at about 3.00 p.m. Parvati and Manoj Kumar saw the smoke flames coming from the house of Alag Ram (father-in-law of Amita Bai). They also saw that the co-accused namely, Raj Kumar (husband of Amita'Bai) was coming out from his house and going to wards the field on a fast speed. When they called him accused did not stop and thereafter he was brought back to the house where Amita Bai was found in burnt condition. As per the postmortem report the cause of death was throttling. Learned counsel for the accused/applicant argued that the applicant is the Lather-in-law of Amita and there is no material to show that she was at the residence it the relevant time. As per the evidence of Parvati & Manoj Kumar they saw co-accused Raj Kumar coming out of the house and going towards the field. As per the Police version the nature of case is murder. The applicant is in detention since 1-12-2007 thereby she is in detention the applicant is in detention for more than 4 months. He prays that the applicant may be released on bail.

(2.) ON the other hand, learned counsel for the State opposed the bail application. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the fact that the cause of death of Amita Bai was on account of throttling and accused Raj Kumar was seen coming out of the house and going on a fast speed to his agricultural field, he was brought back and went inside the house where Amita Bai was found dead, there is no other material which establishes that the accused/applicant was inside the house at the relevant time and considering the fact that the applicant is in detention for more than 4 months, I am of the opinion that it is a fit case to admit the applicant to bail. Accordingly, the bail application is allowed.