Koresha Khatun v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2296 of 2019 • Koresha Khatun W/o Hanish Ansari Aged About 47 Years R/o Oranga, P. S. Ramchandrapur, District Balrampur-Ramanujganj, Chhattisgarh. ---- Applicant

Versus

• The State of Chhattisgarh Thrrough P. S. Ramchandrapur, District Balrampur-Ramanujganj Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicant : Shri A.K. Prasad, Advocate.

For Respondent/State : Smt. Smita Ghai, P.L.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 03/05/2019

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as she is arrested in connection with crime No. 43/2018, registered at Police Station - Ramchandrapur, District - Balrampur-Ramanujganj, Chhattisgarh, for the offence punishable under Sections 109, 120-B, 302 and 301 of the IPC.

2. In this case there are total four accused persons. Deceased Sangeeta Singh was the wife of Mangru Singh. As per the prosecution story, present Applicant was in doubt that her husband is having illicit relationship with the deceased Sangeeta Singh and therefore, husband of the Applicant used to beat and torture her. Due to this, present Applicant and other co-accused persons made a conspiracy to kill Sangeeta Singh. Allegedly on 19.12.2018, at about 7:30 pm, coaccused persons namely Rampal, Mansur Ansari and Sabir strangulated the deceased Sangeeta when she was in drunken condition and killed her. Thereafter, they thrown the dead body of the deceased in the field of Haidar Ali. They also snatched silver chain,

locket and nose ring from the dead body. On the basis of the said, offence has been registered. Applicant has been taken into custody on 26.12.2018.

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. He further submits that Applicant is a lady and she has not played active role in commission of crime. The only allegation against the Applicant is that she was involved in the conspiracy. Charge-sheet has been filed. Applicant is in custody since 26.12.2018 and trial is likely to take some time. Therefore, she may be released on bail.

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

5. I have heard learned Counsel for the parties and perused the case diary with due care.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that Applicant is in custody since 26.12.2018 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release her on bail.

7. Accordingly, the bail application is allowed.

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