Chironja Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.3699 of 2015 Chironja Bai W/o. Baldev Yadav S/o. Godha Nayak Banjara, aged 25 years, R/o. Beharakhar, District Kabirdham (CG) ---Applicant

Versus

State of Chhattisgarh Through: Station House Officer, Rengakhar Dist. Kabirdham (CG) ---Non-applicant For Applicant :

Mr. Ajay Ayachi, Advocate For Non-applicant :

Mr. Aditya Sharma, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 03/08/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 1/2015, registered at Police Station-Rengakhar, Distt.Kabirdham (C.G.), for the offence punishable under Sections 363, 366, 376 & 506B of the IPC and Section 3 (1) (12) & 3 (2) (5) of the Scheduled Castes and Scheduled Castes (Prevention of Atrocities) Act. 2.

As per the prosecution, the only allegation against the present applicant is that the main accused Vishnu is said to have committed offence of Section 376 of the IPC against the prosecutrix in the house of the present applicant and that the present applicant, as per the prosecution, has provided shelter to the main accused.

3.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence and the fact

that the present applicant being a woman and allegation of rape against Vishnu and co-accused Baldev has been admitted to bail by this Court in M.Cr.C.No.2747 of 2015 vide order dated 1.6.2015, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail.

4.

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

5.

It is directed that applicant shall be released on bail on 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.

6.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE B/-