Sunayna Kumbhkar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3800 of 2016 Sunayna Kumbhkar, W/o. Shravan Kumbhkar, Aged About 22 Years, R/o. Kharripara, P.S. City Kotwali, Mungeli, District Mungeli, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, Police Station City Kotwali, Mungeli, District Mungeli, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Anish Tiwari, Advocate.

For Respondent :

Mr. Satish Gupta, Govt. Advocate.

--------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 19.07.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.197/2015 registered at Police Station- City Kotwali Mungeli, District Mungeli (C.G.) for the offence punishable under Section 201, 302 r/w. 34 of Indian Penal Code.

2.

Case of the prosecution, in brief, is that in the intervening night of 27/28.04.2015 one Sangeeta Kumbhkar was killed and her body was kept in between the lane of Bathroom and boundary wall. Subsequently, on investigation being made, it was found that Shrawan Kumar and the applicant had committed murder and concealed the dead body.

3.

Learned counsel for the applicant would submit that the entire allegations are on Shrawan Kumar and the allegation against this

applicant is that she tried to conceal the evidence, therefore, the applicant may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary and the documents. It appears the case of the prosecution is that the applicant concealed the body of the deceased Sangeeta and the primary allegation under Section 201 of IPC is attributed against this applicant. Taking into such allegation, I am inclined to release the applicant on bail. 6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7.

It is directed that the applicant shall 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 trial Court, for her appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok