← Library
High Court Of ChhattisgarhMCRC/6422/2015dismissed

Anjali Naurange v. State Of Chhattisgarh

2015-11-30Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6422 of 2015 Anjali Naurange, D/o. Pushau Ram Naurange, Aged About 30 Years, R/o. Village Achaud, P.S. Ranchirai, Distt. Balod, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, P.S. Ranchirai, Distt. Balod, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Goutam Khetrapal, Advocate For Respondent :

Mr. Anupam Dubey, Dy. Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 30/11/2015 1.

This is the first bail 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.40/2015 registered at Police Station- Ranchirai, District Balod (C.G.) for the offence punishable under Section 302, 307/34 of Indian Penal Code. 2.

Case of the prosecution, in brief, is that son of Yogita had thrown some stone which fell into the house of Anjali, the present applicant and Sohan. Thereafter, for that reason Anjali came down and abused the son of Yogita and quarrel took place and Anjali thereafter started beating Yogita by holding her hair and at that time another accused Sohan came and stabbed Yogita, Tejasvi and Mojan and by such assault, they were died. Therefore, the offence has been committed.

3.

Learned counsel for the applicant submits that the entire allegations are against Sohan and nothing has been attributed to this applicant. He further submits that it is Sohan who caused the

injury by knife and according to the eye-witness nothing has been done by this applicant. Therefore, considering the role played, she may be enlarged on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

I have heard learned counsel for the parties and perused the case diary.

6.

I have gone through the statement of the eye-witness. The incident happened when the applicant started assault to the deceased and thereafter it was joined by the other accused and thereafter stab was caused. Considering the statement of the eyewitness and the role played by this applicant, I am not inclined to release the applicant on bail.

7.

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

Sd/- (Goutam Bhaduri) Judge Ashok