High Court Of ChhattisgarhMCRCA/563/2021allowed

Anita Khatik v. State Of Chhattisgarh

2021-07-07Hon'Ble The Acting Chief Justice3 pages

MCRCA No. 563 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 563 of 2021 • Anita Khatik W/o Kamlesh Khatik Aged About 50 Years R/o Ward No. 30, Bada Bazaar, P.S.- Chirmiri, District- Koriya, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station- Baikunthpur, District- Koriya, Chhattisgarh.

---- Respondent For Applicant :- Mr. Maneesh Sharma, Advocate For Respondent-State :- Mr. Arjit Tiwari, PL Proceedings through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag.CJ Order On Board

1. The applicant has preferred this application for grant of anticipatory bail, as she apprehends her arrest in connection with Crime No.321/2020, registered at Police Station Baikunthpur, District Koriya for offence punishable under Sections 147, 306, 498-A & 34 of the I.P.C.

2. Present applicant is sister-in-law (nanand) of deceased Arti Khatik who committed suicide by setting herself ablaze on 02.9.2019 and subsequently died in course of treatment on 09.9.2019.

3. Admittedly, co-accused persons have been allowed

MCRCA No. 563 of 2021 anticipatory bail in MCRCAs No.39/2021, 170/2021 and 510/2021.

4. Learned State counsel would oppose the prayer for grant of anticipatory bail.

5. Considering the nature of allegation and the quality of evidence as also release of co-accused persons on anticipatory bail, I am inclined to extend the benefit of anticipatory bail to the applicant.

6. Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant, she shall be released on anticipatory bail on executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:- (i)she shall make herself available for interrogation by a police officer as and when required;

(ii)she shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) the applicant shall not influence the witnesses during pendency of the trial.

SD/- (Prashant Kumar Mishra) Acting Chief Justice Ayushi

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 668 of 2021 Anita Khatik W/o Kamlesh Khatik Aged About 50 Years R/o Ward No. 30, Bada Bazaar, P.S.- Chirmiri, District- Koriya, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Police Station- Baikunthpur, DistrictKoriya, Chhattisagarh. ---- Non-Applicant For Applicant : None.

For Non-Applicant : Shri Chandresh Shrivastava, Deputy AG. Proceeding Through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board 09/07/2021 :

1. This Office Reference has been placed before this Court pointing out that MCRCA No.563/2021 was decided on 7.7.2021. However, due to inadvertence, the date of order is not mentioned in the final order typed by the ministerial staff.

2. In view of the above, the Office Reference is disposed of directing the Office to upload in the website that MCRCA No.563/2021 has been decided on 7.7.2021. This order be uploaded in continuation of the final order passed in MCRCA No.563/2021.

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