Smt. Laxmi Bai Kashyap v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5039 of 2020 • Smt. Laxmi Bai Kashyap, W/o Sanjay Kashyap, Aged About 38 Years, R/o Stationpara, Ward No. 11, Rajput Gali OP- Chikhli Rajnandgaon Thana- Chowki Chikhli Thana Kotwali, DistrictRajnandgaon (C.G.). ---- Applicant

Versus

• State Of Chhattisgarh, Through: District Magistrate, Rajnandgaon (C.G.).

---- Respondent For Applicant : Mr. Avinash Chand Sahu, Adv.

For Respondent/State : Ms. Sunita Jain, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 16.09.2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing her on regular bail during trial in connection with Crime No. 727/2019 registered at Police Station- Kotwali, District- Rajnandgaon (C.G.) for the offence punishable under Sections 315, 317, 318, 201, 34 of I.P.C.

2. The prosecution story, in brief is that, it has been alleged that present applicant along with other co-accused carried out the pregnancy of a minor girl and thereafter, the present applicant along with other co-accused threw the baby in drainage as a result of which, he died. Based on this, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that other co-accused has been

granted bail in MCRC No. 2301/2020 and the applicant is in jail since 11.01.2020, there is no likelihood of her case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application and the submission made in this respect. It is submitted that offence committed by the present applicant is of serious in nature, therefore, no case is made out for grant of bail.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that other co-accused has been granted bail in MCRC No. 2301/2020 and the applicant is in jail since 11.01.2020, and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on her executing a personal bond in the sum of Rs. 25,000/-, with one local surety in the like sum to the satisfaction of the trial Court. She is directed to appear before the trial Court on each and every date given to her by the said Court.

Sd/- (Rajani Dubey) Judge Ruchi