Sudha Kujur v. State Of Chhattisgarh

MCRC No.2626 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2626 of 2021

1. Sudha Kujur W/o Ravindra Ram Aged About 20 Years R/o Village-Jabla, Tahsil And Police Station- Jashpur, DistrictJashpur, Chhattisgarh. ---- Applicant

Versus

1. State Of Chhattisgarh Through The Station House Officer, Police Station- Jashpur, District- Jashpur, Chhattisgarh. ---- Respondent For Applicant Mr. Deepak Gupta, Advocate For Respondent /State Mr. Chandresh Shrivastava, Dy. Adv.General (Proceedings through Video Conferencing) Order on Board By Prashant Kumar Mishra, Ag. CJ 6/7/2021 1.

Heard.

2.

The applicant has preferred this bail application under Section 439 of the Cr.P.C. for grant of bail as she has been arrested in connection with Crime No.195/2020, registered at Police Station Jashpur, District Jashpur (CG), for the offence under Sections 302 & 201 of the Indian Penal Code.

3.

Applicant was married with Ravindra Ram and was residing with her mother-in-law and two sister-in-law; one mentally retarded and the other deaf & dumb. After giving birth to the deceased son she was creating pressure on her husband to live separate and on

MCRC No.2626 of 2021 this a dispute occurred. On the date of incident, she left her marital house along with her 8 years old son. As per the merg intimation lodged by the applicant herself, when she and her son attended nature's call, the son moved out of her hand and fell in the nala (ननालना) and died. During postmortem the deceased was found to have sustained head injury and the nature of death was found to be hemorrhage due to head injury, injuries were found to be ante mortem. On this basis the present crime has been registered against the applicant.

4.

Learned counsel for the State, per contra, would oppose the bail application.

5.

Considering the entire facts situation of the case, particularly considering the quality of evidence; further considering the fact that the applicant is a young lady, aged about 20 years; and also the fact that the applicant is in jail since 28-9-2020 and the charge sheet has already been filed, I am of the opinion that present is a fit case to release the applicant on regular bail. 6.

Accordingly, the bail application is allowed and the applicant is directed to be released on bail on her executing a personal bond for a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court. She is directed to appear before the trial Court on each and every date given by the said Court. 7.

Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Gowri Acting Chief Justice