High Court Of ChhattisgarhMCRC/643/2016allowed

Smt. Malti Singh v. State Of Chhattisgarh

2016-02-18Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.643 of 2016 Smt. Malti Singh, W/o Ranjit Singh Thakur, aged about 23 years, R/o Village Surdung, Police Station Old Bhilai, Tahsil Patan, Civil & Revenue Distt. Durg (C.G.) ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Old Bhilai, Distt. Durg (C.G.) ---- Non-applicant For Applicant:

Mr. Qamrul Aziz, Advocate.

For Non-applicant:

Mr. Aditya Sharma, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 18/02/2016

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.268/2015, registered at Police Station Old Bhilai, Distt. Durg, for the offence punishable under Sections 307 and 452 read with Section 34 of the IPC.

2. Case of the prosecution, in brief, is that on 29-6-2015, the applicant and her husband assaulted Santoshi Thakur by knife and thereby committed the offence.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and she has been falsely implicated in the case, assault has not been made on account of domestic quarrel in the family and false report has been lodged against the applicant and her husband. The injuries are simple in nature. There is no

allegation against the applicant and the applicant is in jail since 8-12016.

4. On the other hand, learned State counsel opposes the application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, taking into account the fact that the applicant and victim both are members of the same family, considering the fact that the applicant is an young woman aged about 23 years and she is in jail since 8-1-2016, I am of the view that it is a fit case to enlarge the applicant on regular bail. Accordingly, the application is allowed.

7. 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.

Sd/- (Sanjay K. Agrawal) Judge Soma