Sunita Tirki v. State Of Chhattisgarh

MCRC No. 4139 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4139 of 2020 • Sunita Tirki W/o Late Bandhu Tirki Aged About 33 Years R/o Village Newar, P.S. Kapu, District Raigarh Chhattisgarh. ----Applicant

Versus

• State Of Chhattisgarh Through Police Station Dharamjaigarh, District Janjgir Champa Chhattisgarh. ---- Respondent For Applicant :- Mr. Sumit Singh, Advocate For Respondent-State :- Mr. K.K. Singh, G.A.

Proceedings through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 31/08/2020

1. Heard.

2. The applicant has preferred this application under Section 439 of the Cr.P.C. for grant of regular bail as she is arrested in connection with crime No.73/2019 registered in Police Station Dharamjaigarh, District Raigarh C.G. for the offence punishable under Section 302 of the I.P.C.

3. Case of the prosecution, in brief, is that applicant has

MCRC No. 4139 of 2020 committed murder of her husband - Bandhu Tirki at about 17:40 hours on 07.06.2019. The incident was said to be witnessed by - Ashok Kujur and further the applicant made extra judicial confession before - Rameshwar Kujur. These two witnesses have already been examined before the trial Court and they have not supported the prosecution.

4. Learned State counsel would oppose the prayer for grant of bail.

5. Considering that the applicant, a lady aged about 33 years is in jail since 07.06.2019 i.e., for about 01 year and 03 months and the quality of evidence available on record, this Court is inclined to release the applicant on bail.

6. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and the applicant is directed to be released on bail on executing a personal bond for a sum of ₹50,000/- with one surety for the like amount to the satisfaction of the trial Court. She is directed to appear before the trial Court on each and every date given by the said Court.

SD/- (Prashant Kumar Mishra) Judge Ayushi