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High Court Of ChhattisgarhMCRC/4168/2018allowed

Smt. Sarojani v. State Of Chhattisgarh

2018-07-04Hon'Ble Shri Justice Sanjay K. Agrawal3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 4168 of 2018 Smt. Sarojani, W/o Naresh Yadaw, Age 44 years, R/o Telicot, Tah. Kharsia, Distt. Raigarh (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through : Police Station - Kharsia, Distt.- Raigarh (C.G.) ---- Respondent For Applicant :

Mr. Sanjay Agrawal, Advocate.

For Respondent :

Mr. Anand Dadariya, Dy. Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 04/07/2018 (1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing her on regular bail during trial in connection with Crime No. 281/2018 registered at Police Station Kharsia, District Raigarh for the offence punishable under Sections 294, 323, 506 & 307/34 of the Indian Penal Code. (2) Case of the prosecution, in brief, is that applicant & other co-accused persons caused grievous injuries to complainant Mahendra Das, which were sufficient to cause death and thereby committed the aforesaid offences. (3) Learned counsel for the applicant submits that applicant has been falsely implicated in the offence in question as she has not committed any offence. He submits that there is no allegation of causing injuries to the victim against the applicant and he is in detention since 15.05.2018 and no custodial interrogation is

required and, therefore, applicant may be released on bail. (4) On the other hand, counsel for the State opposes the bail application. (5) Taking into consideration the nature and gravity of the offence, facts and circumstances of the case and considering the facts that applicant is in jail since 15.05.2018 and no further custodial interrogation is required ; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

(6) Accused/applicant is directed to be released on bail on her executing a personal bond in the sum of Rs.25,000/- with one 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. Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-