High Court Of ChhattisgarhMCRC/4816/2020allowed

Lakshmi Khalko @ Lakshmaniya v. State Of Chhattisgarh

2020-08-19Hon'Ble Smt. Justice Rajani Dubey3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4804 of 2020 • Lakshmi Khalko @ Lakshmaniya, W/o Vivek Gupta, Aged About 27 Years R/o Lodhi and PS Shankargadh, District BalrampurRamanujganj, CG, Hal Mukam Kusmi, PS Kusmi, District Balrampur-Ramanujganj Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Kusmi, District Balrampur-Ramanujganj Chhattisgarh MCRC No. 4816 of 2020 • Lakshmi Khalko @ Lakshmaniya, W/o Vivek Gupta, Aged About 27 Years R/o Lodhi and PS Shankargadh, District BalrampurRamanujganj, CG, Hal Mukam Kusmi, PS Kusmi, District Balrampur-Ramanujganj Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Kusmi, District Balrampur-Ramanujganj Chhattisgarh ---- Respondent MCRC No. 4837 of 2020 • Lakshmi Khalko @ Lakshmaniya, W/o Vivek Gupta, Aged About 27 Years R/o Lodhi and PS Shankargadh, District BalrampurRamanujganj, CG, Hal Mukam Kusmi, PS Kusmi, District Balrampur-Ramanujganj Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Kusmi, District Balrampur-Ramanujganj Chhattisgarh --- Respondent

For Applicant : Shri Jitendra Shrivastava, Advocate For Respondent : Shri H.S.Ahluwalia, Dy. AG Hon'ble Smt. Justice Rajani Dubey Order on Board 19.08.2020 As both the MCRCs arise out of same crime number, they are being heard and disposed of by this common order. The accused/applicant has moved these bail applications under Section 439 of the Code of Criminal Procedure for releasing her on regular bail during trial in connection with Crime No.05/2020 registered at Police Station - Kushmi, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 457, 380, 414 and 120-B/34 of the IPC.

As per prosecution case, on the date of incident, the applicant along with the co-accused has house-trespassed at night and committed theft of one pair of anklets, mobile, lap top and cash of Rs. 78,000/-. It is alleged that she has assisted the co-accused in concealing and making away with the stolen articles/property. Counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He submits that the applicant is in custody since 08.05.2020 and the trial is likely to take some time for its final disposal, therefore she may be released on bail. On the other hand, counsel for the State opposes the bail applications.

Considering the facts and circumstances of the case, in particular, the nature of allegations against the applicant, I am of the

opinion that present are fit cases, in which, the applicant should be enlarged on regular bail.

Accordingly, the applications filed under Section 439 Cr.P.C. are allowed. It is directed that the applicant shall be released on bail on her furnishing a personal bond in sum of Rs.50,000/- with one surety each in like sum to the satisfaction of the concerned trial Court for her appearance before the said Court as and when directed till the disposal of the trial.

Sd/- (Rajani Dubey) Judge suguna