Smt. Rajkumari Chandra And Another v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2322 of 2021

1. Smt. Rajkumari Chandra W/o Shri Suresh Chandra, aged about 29 years. (upsarpanch) Gram Panchayat Bhatmahul, Tahsil Jaijjaipur, District Janjgir-Champa (C.G.).

2. Smt. Sushila Yadav W/o Shri Kaushal Yadav, aged about 30 years, R/o Bhatmahul, Police Station Hasaud, Tahsil Jaijaipur, District Janjgir-Champa (C.G.) ---- Applicants

Versus

• State Of Chhattisgarh Through : OfÏcer-In-Charge, Police Station Hasaud, District Janjgir-Champa (C.G.). ---- Respondent For Applicants :

Mr. K.A. Ansari, Sr. Advocate with Mr.

Aman Ansari, Advocate.

For Respondent :

Mr. Mateen Siddiqui, Dy. A.G.

For Objector :

Mr. Parag Kotecha, Advocate.

Hon'ble Smt Justice Rajani Dubey Order on Board /05/2021 Proceeding through video conferencing.

1.

The applicants have preferred this First bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are arrested in connection with Crime No.20/2021, registered at Police Station - Hasaud, District Janjgir-Champa (C.G.) for the offence punishable under Sections 387, 120-B, 115, 34 IPC.

2.

The allegation against the present applicants is that they along with other co-accused persons hatched the criminal conspiracy to get killed complainant namely Vijay Kumar Chandra by shooter and entered into a deal with co-accused Randhir Kashyap, said to be a journalist, to arrange for killing the complainant for which an amount of Rs.10,00,000/- was promised to be given to him. Allegedly, an amount of Rs.2,40,000/- is said to have been given to co-

accused/journalist Randhir Kashyap by the applicants and coaccused persons. On the report lodged by the complainant, the police of Hasaud arrested the applicants in the odd hours i.e. at 2.00 am in the night intervening 02-03/03/2021. Based on this, offence has been registered. The present applicant has been taken into custody on 03.03.2021. 3.

Learned counsel for the applicant submits that the applicants are innocent and have been falsely implicated in the case. He further submits that this is purely a politically motivated case in which the applicants have been roped in. The complainant's father namely Bhagwan Lal Chandra is Sarpanch of Gram Panchayat Bhatmahul, Tahsil Jaijaipur, and the applicants along with others have lodged a complaint with Collector, Janjgir-Champa regarding illegal cutting of trees from the embankment of Government Tank. They have also made several complaints regarding corruption, preparation of false resolutions prepared by complainant's father before the concerned authorities, which are under investigation. Learned Sr. Advocate also submits that infact it is the complainant who has given the amount just to implicate the applicants in the alleged crime. It is next submitted that the applicants are ladies, they are in custody since 03.03.2021, charge sheet has been filed and there is no likelihood of their case being decided in near future, therefore, they may be released on bail.

4.

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

5.

Mr. Kotecha, learned counsel for the Objector strongly opposed the bail application and submits that there is named FIR of the incident. There is a statement of the shooter in the case that the present applicants along with co-accused persons hatched the criminal conspiracy to kill the complainant.

6.

I have heard learned counsel for the parties and perused the record.

7.

Considering the totality of the facts and circumstances of the

case, quality of evidence and further considering the fact that the applicants are ladies, they are in custody since 03.03.2021, without further commenting on merits of the case, I am inclined to release them on bail.

8.

Accordingly, the bail application is allowed. 9.

It is directed that the Applicants shall be released on bail on their executing a personal bond for a sum of Rs.50,000/- - 50,000/- each with two solvent sureties for the like amount to the satisfaction of the trial Court for their appearance before the said Court as and when directed.

10.

I.A. No.07/2021, for hearing during summer vacation stands disposed of.

Certified copy, as per rules.

Sd/- (Rajani Dubey) Vacation Judge PKD