Kumari Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3238 of 2015 • Kumari Bai, aged about 20 years, d/o. Dhaja Ram, r/o. Village Khamtarai, P.S. - Sarkanda, Bilaspur, District Bilaspur (CG). ---- Applicant

Versus

• State Of Chhattisgarh Through: Police Station Sarkanda, Bilaspur, District Bilaspur (CG).

---- Respondent For Applicant :

Mr. S.K. Guha, Advocate.

For Respondent/State :

Mr. S.R.J. Jaiswal, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 13/7/2015 1.

The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail, who has been arrested on 12-06-2015 in connection with Crime No. 200 of 2015 registered at Police Station Sarkanda, District Bilaspur (CG), for the offence punishable under Sections 294, 323, 506, 326 read with Section 34 of IPC. 2.

The case of the prosecution, in brief, is that the present applicant assaulted the complainant Nirmala Suryavanshi by stone as a result of which she sustained grievous injury and thereby she committed the aforesaid offence.

3.

Learned counsel appearing for the applicant would submit that the applicant has not committed any offence and she has been falsely implicated in the case. He would further submit that the age of the applicant is 20 years, she is in custody since 12-6-2015, charge-sheet has been filed and no useful purpose would be served by keeping her in jail, therefore, she may be released on bail. 4.

On the other hand, learned counsel for the State opposes the bail application.

5.

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

6. Taking into consideration all the facts and circumstances of the case, nature and gravity of the offence, present applicant is a woman aged about 20 years, charge-sheet has been filed and pre-trial detention of the applicant, I am of the considered opinion that prima facie it is a fit case where the applicant can be released on bail.

7. Accordingly, the application is allowed. It is ordered that the applicant shall be released on bail on her furnishing a personal bond of Rs.25,000/- along with one surety of the like amount to the satisfaction of the trial Court. She shall appear before the trial court on each and every date given to her by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge Raju