Smt. Dileshwari Nishad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Smt. Dileshwari Nishad W/o Ved Ram Nishad Aged About 25 Years R/o Ward No. 05, Khuteri Rang, P.S. Gunderdehi, DistrictBalod, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House OfÏcer, Police Station Gunderdehi, District- Balod, Chhattisgarh ---- Respondent For Applicant Mr. Shikhar Sharma, Advocate For Respondent /State Mr. Gagan Tiwari, Dy. GA Proceedings through Video Conferencing SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 13/8/2020

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.83/2019, registered at Police Station Gunderdehi, District Balod (CG) for the offence punishable under Sections 302/34 and 201 of the IPC.

3. As per the prosecution, deceased Jain Bai was working on her agricultural field in the afternoon of 11.3.2019. On some

dispute the applicant assaulted the deceased by means of Kudali and later on, she and her husband concealed the evidence of crime by putting leaves over the dead body. There being no eye-witness, the case of the prosecution rests on circumstantial evidence, however, there is no evidence of last seen together. It is only based on memorandum statement of the applicant and the consequent seizure of Hasia though in the memorandum statement, she informs the Police that she can get recovered the Kudali.

4. The applicant is a young lady, aged about 25 years, and is in jail since 12.3.2019, therefore, considering all the relevant aspects of the matter, I am of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

5. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on her furnishing 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.

6. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna

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