Chattisgarh High Court
Parasram vs State Of Chhattisgarh on 19 January, 2022
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 8622 of 2021
1. Parasram, Aged About 48 Years, S/o Late Hradaylal
Banjare,
2. Pritam, Aged About 30 Years, S/o Parasram Banjare,
3. Smt. Heera Bai W/o Pritam Banjare, Aged About 28
Years,
All were the R/o Village - Hasda, P.S.- Bhatapara
(Gramin) District - Baloda- Bazar-Bhatapara,
Chhattisgarh.
---- Applicants
Versus
State of Chhattisgarh Through - P.S. - Bhatapara
(Gramin), District -Baloda-Bazar-Bhatapara, Chhattisgarh.
---- Non-applicant
MCRC No. 100 of 2022
Khulesh Banjare, S/o Parasram Banjare, Aged About 24
Years, R/o - Village - Hasda, P.S. - Bhatapara (Gramin)
District - Baloda-Bazar-Bhatapara, Chhattisgarh.
---- Applicant
Versus
State of Chhattisgarh Through - P.S. Bhatapara (Gramin),
District - Baloda-Bazar-Bhatapara, Chhattisgarh.
---- Non-applicant
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For Applicants : Mr. Hemant Gupta, Advocate For Non-applicant/State : Mr. B.L. Sahu, Panel Lawyer (Proceedings through Video Conferencing) Hon'ble Shri Justice Parth Prateem Sahu Order on Board 19.01.2022
1. Since both the applications arise out of same crime number, they are being heard and decided by the common order.
2. The applicants have preferred these First Bail Applications under Section 439 of Code of Criminal Procedure, 1973 for 2 grant of regular bail as they were arrested in connection with Crime No.484 of 2021, registered at Police Station Bhatapara (Gramin), District Baloda Bazar Bhatapara, (C.G.) for the offence punishable under Section 304-B/34 of Indian Penal Code.
3. Case of prosecution is that, applicant Khulesh Banjare got married with Smt. Kamni Banjare on 20.03.2021. On 19.07.2021, she was taken to hospital due to her ill-health where it has been reported that she consumed Metronidazole and Paracetamol tablets. During course of treatment, she died in hospital on 20.07.2021 during course of treatment. Merg was intimated by ward boy of hospital. During course of investigation, statement of parents of deceased Champa Bai Yadu and Heera Lal Burman were recorded, thereafter, First Information Report was registered against the applicants for aforementioned offences.
4. Mr. Hemant Gupta, learned counsel for applicants in both the applications would submit that marriage of applicant Khulesh Banjare and deceased solemnized only on 20.03.2021, within four months of marriage, due to consumption of Metronidazole and Paracetamol tablets, health condition of deceased was severely effected, upon which, she was taken to hospital where she died during course of treatment. Allegations of demand of motorcycle in dowry and harassment stating that gift articles of marriage are of inferior quality are absolutely false and afterthought. No allegations 3 have been levelled by parents of deceased immediately after incident, but it has come about three months of date of incident. He submits that even allegations levelled in the statement under Section 161 of Cr.P.C. is taken into consideration, no specific allegations have been levelled against any of the applicants, but general and omnibus allegations have been levelled. During investigation, immediately on the date of death, Police seized empty wrappers of Metronidazole and Paracetamol tablets, which are normally used for headache and fever. It is even not the allegation that applicants have administered tablets, but in statement, it has come that deceased herself consumed tablets. Allegation of harassment and assault just before alleged incident as stated by witnesses in their statements recorded under Section 161 of Cr.P.C. is not co-relating with medical evidence. Doctor who treated and conducted postmortem of body have not found any injuries either exterbnal or internal upon deceased. Entire family has been implicated in aforementioned crime, which itself shows that allegations levelled against family members are false. Applicants are in jail since 07.10.2021, hence, they may be enlarged on bail.
5. Per contra, Mr. B. L. Sahu, learned Panel Lawyer for the State opposing submissions of learned counsel for the applicants would submit that witnesses in their statements recorded under Section 161 of Cr.P.C. have levelled specific 4 allegations of ill-treating, harassing deceased on account of bringing inferior quality of gift articles as dowry in marriage and further, there is demand of motorcycle. He pointed out that in postmortem report, there is mention of "death might be suicidal due to insertion of poison', hence, applicants are not entitled for bail.
6. However, upon asking consumption of medicine as appearing in the statement, he submits that in query report, it is mentioned that consumption of aforementioned two medicines would affect severely, if body of person, who consumed those tablets, is highly sensitive. He submits that for further verification with regard to consumption of nature of poison, viscera has been sent for Forensic Science Laboratory. He read over the statements of witnesses recorded under Section 161 of Cr.P.C. in support of his contention.
7. I have heard learned counsel for the parties.
8. Taking into consideration facts and circumstances of the case, nature of allegations, date of marriage of applicant Khulesh Banjare, seizure of empty wrappers of Metronidazole and Paracetamol tablets from the house of applicants, answer to the query made by Sub-Divisional Officer that tablets can affect if body of person is highly sensitive and period of detention of applicants since 5 07.10.2021, without commenting anything into merits of case, I am inclined to release the applicants on regular bail.
9. Accordingly, the applications (MCRC Nos.8622 of 2021 and 100 of 2022) are allowed and it is directed that the applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with one surety in the like sum to the satisfaction of the trial Court concerned on the conditions that :
a) They shall appear before the trial Court concerned regularly on each and every date unless exempted from appearance.
b) They shall not, in any manner, tamper with the prosecution witnesses.
c) If they are found involved in similar offence in future, it will be open for the State to apply for cancellation of bail.
Certified copy as per rules.
Sd/-
(Parth Prateem Sahu) Judge Yogesh