Smt. Meena Chandak v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2469 of 2020

1. Smt. Meena Chandak W/o Mahesh Chandak, aged about 35 years, Residence At Baldev State Jagdalpur, District Bastar, Chhattisgarh.

2. Miss Manisha Chandak D/o Mahesh Chandak, aged about 18 years, Residence At Baldev State Jagdalpur, District Bastar, Chhattisgarh. ---- Applicants

Versus

State Of Chhattisgarh Through The Police Station City Kotwali Jagdalpur / Ajak Thana Jagdalpur, District Bastar, Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicants : Mr. Pravin Kumar Tulsyan, Advocate.

For Respondent/State : Mr. Devendra Pratap Singh, Dy. A.G.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 08/05/2020

1. The matter is heard through Video Conferencing.

2. The Applicants have preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as they are arrested in connection with crime No. 165/2020, registered at Police Station - City Kotwali/ Ajak Thana Jagdalpur, District: Bastar (C.G.) for the offence punishable under Section 323, 344/34 of IPC and Section 3

(1) (s) and 3 (2) (v) of SC & ST (Prevention of Atrocities) Act, 1989.

3. As per the prosecution story, complainant has lodged the F.I.R against the present Applicants alleging therein that they have tortured the victim when she was working in the house of the Applicants. On the basis of above, offence has been registered. The Applicants are in custody since 05.05.2020.

4. Learned Counsel appearing on behalf of the Applicants submits that the Applicants are innocent and have been falsely implicated in the case due to some dispute. He submits that both the Applicants are ladies, they have no criminal antecedents and they are in custody since 05.05.2020. He further submits that except the offence related to atrocities all other offences are bailable, charge sheet has not been filed, therefore, they may be released on bail.

5. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

6. I have heard learned Counsel for the parties.

7. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the the applicants have no criminal antecedents, they are in custody since 05.05.2020, charge sheet has not been filed and trial will likely to take some time, without further commenting on merits of the case, I am inclined to release the Applicants on bail.

8. Accordingly, the bail application is allowed.

9. It is directed that the Applicants shall be released on bail on each of them executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for their appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Judge Saurabh