Kunti Bai, v. The State Of Chhattisgarh,

MCRC 4103/2021 & MCRC 4141/2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4103 of 2021 Rajkumar Yadav @ Raju Yadav, S/o Jamuna Prasad Yadav, Aged About 35 Years R/o Kanhaarbahra, Thana And Tahsil Khadgawa, District Koriya Chhattisgarh.

---- Applicant

Versus

The State Of Chhattisgarh, Through Police Station Khadgawa, District Koriya Chhattisgarh.

---- Non-Applicant MCRC No. 4141 of 2021 Kunti Bai, W/o Jamuna Prasad Yadav, Aged About 52 Years R/o Village Kanharbahaar, Thana And Tahsil Khadgawa, District Koriya Chhattisgarh.

---- Applicant

Versus

The State Of Chhattisgarh, Through Police Station Khadgawa, District Koriya Chhattisgarh ---- Non-Applicant For Applicant : Shri Parag Kotecha, Advocate.

For Non-Applicant : Shri Chandresh Shrivastava, Deputy AG. Proceeding Through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board 06/08/2021 :

1. The aforesaid MCrCs are being disposed of by this common order as they arise out of Crime No.118/2018 registered in Police Station:

MCRC 4103/2021 & MCRC 4141/2021 Khadgawa, District Koriya for offence under Section 307/34 of the IPC.

2. MCRC No.4141/2021 is the second bail application on behalf of the applicant Kunti Bai. The earlier bail application has been dismissed on merits vide order dated 23.1.2019 passed in MCRC No.10087/2018.

3. Injured Sangita Yadav is the wife of applicant Rajkumar Yadav and daughter-in-law of applicant Kunti Bai. She was married to Rajkumar Yadav about 10 years back from the date of the incident. At about 8 pm on 6.9.2018, both the applicants assaulted the injured and thereafter poured kerosene oil and set her ablaze causing 50% burn injuries.

4. Applicant Rajkumar Yadav is in jail since 27.9.2018 whereas applicant Kunti Bai is in jail since 11.10.2018. The statement of victim has not yet been recorded before the trial Court. Learned counsel for the applicant informs that the victim is not turning up for recording her statement before the trial Court.

5. Considering that the applicants are in jail for approximately 2 years 10 months and conclusion of trial may take some time as also for the reason that Kunti Bai is a lady aged about 52 years, I am inclined to release both the applicants on bail.

6. Accordingly, the applications are allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court. Sd/- (Prashant Kumar Mishra) Acting Chief Justice Barve