Rani @ Divya Singh v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 973 of 2020 Rani @ Divya Singh D/o Shri Gokul Singh, aged about 22 years R/o VillageKachanda, Police Station Nagarada, Civil and Revenue District Janjgir-Champa (C.G.) ---- Applicant
Versus
State of Chhattisgarh through the District Magistrate Janjgir, Civil and Revenue District Janjgir-Champa (C.G.) ---- Respondent For Applicant :
Mr. Paras Mani Shriwas, Advocate For Respondent :
Mr. Alok Nigam, Govt. Advocate Hon'ble Shri Justice Arvind Singh Chandel Order on Board 21/09/2020 1.
The matter is heard through video conferencing. 2.
The applicant has filed this application under Section 438 of the Cr.P.C for grant of anticipatory bail as she is apprehending her arrest in connection with Crime No. 09/2020 registered at police station - Nagarada (C.G.) for the offence punishable under Sections 147, 341, 294, 506, 307 and 323 of the IPC.
3.
In this case there are total 11 accused persons. According to the case of the prosecution, on 01/02/2020, the applicants along with coaccused persons assaulted Complainant and her husband Sunil, due to that they sustained injuries on their bodies. On the basis of report made by the Complainant, offence has been registered.
4.
Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Prima-faice no offence under Section 307 of the IPC is made out against the applicant. The injured did not suffer any grievous internal injury. Even, CT Scan report also shows that no abnormality was found over the skull. Out of 11 accused persons, 7 co-accused persons have been granted regular bail and other co-accused persons namely Gokul, Gowardhan and Manoj have been granted anticipatory bail by the coordinate bench of this Court vide order dated 25/06/2020 passed in MCRCA No. 318/2020.
5.
Learned counsel appearing on behalf of the State opposes the said application.
6.
I have heard counsel for the parties.
7.
Considering the facts and circumstances of the case, argument advanced by counsel for the parties and further considering that the injuries were reported to be simple in nature, CT scan report suggests that no abnormality was found over the skull, 7 co-accused persons have been granted regular bail and other co-accused persons have been extended the benefit of anticipatory bail, without further commenting on other merit of the case, I am inclined to extend the benefit of anticipatory bail to the applicant. 8.
Accordingly, the anticipatory bail application is allowed. 9.
It is directed that in the event of arrest, the applicant shall be released on bail on furnishing a bond in the sum of Rs.10,000/- with one surety
for the like sum to the satisfaction of the officer arresting her and she shall abide by all the following terms and conditions: i.
That, the accused/applicant shall make herself available for interrogation before the concerned Investigating Officer as and when required;
ii.
The accused/applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; iii.
The accused/applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and iv.
The applicant shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial.
10.
Certified copy, as per rules.
Sd/- (Arvind Singh Chandel) Judge Rahul