Smt. Asha Vishwakarma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.6692 of 2015 Smt. Asha Vishwakarma, wife of Shri Suryanarayan Vishwakarma, aged about 22 years, resident of Mangludipa, Raigarh, Tahsil and District Raigarh (C.G) - Permanent Address : Panchvati Nagar, Mova, Raipur, P.S. Pandri, District Raipur (C.G).

... Applicant Vs.

State of Chhattisgarh, through Station House Officer, P.S. Chakardharnagar, Raipur (C.G).

...

Respondent For the applicant :

Mr. Ratan Pusty, Advocate.

For the Respondent :

Mr. Anant Bajpai, Panel Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 07.12.2015

1. This is an application filed u/s 439 of the Code of Criminal Procedure seeking granting of regular bail to the applicant in connection with Crime No. 179/2015 registered at Police station Chakradharnagar, Distt. Raigarh (C.G) for the offences punishable under sections 457, 380 & 414 IPC.

2. As per the prosecution case, a theft was committed in the house wherein some gold and silver ornaments were stolen for which a report was made. The incident took place on 29.5.2015. Subsequently, during investigation it is found that the applicant sold the goods or kept or kept the same under pawn and therefore the offence is committed.

3. Learned counsel for the applicant submits that on memorandum of the applicant, nothing has been seized but in the said memorandum it has been stated that the ornaments have been sold or pawned. He further submits that the charge sheet in this case has been filed and the applicant is in jail since 12.09.2015, therefore, she may be enlarged on bail.

4. Per contra, learned State Counsel opposes the prayer for grant of

bail.

5. Taking into the nature of allegations and considering the gravity of offence as also the fact that the charge sheet in this case has been filed and the applicant is a lady aged about 22 years and looking to her period of her detention, I am inclined to release the applicant on regular bail.

6. Accordingly, this bail petition is allowed and the applicant is directed to be released on bail on her furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. She will appear before the trial Court as and when directed by the said Court.

7. Cc as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao