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High Court Of ChhattisgarhMCRC/5908/2020allowed

Smt. Shrimati Sahu v. State Of Chhattisgarh

2020-10-15Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5908 of 2020 Smt. Shrimati Sahu, W/o Ramlakhan Sahu, aged about 50 years, R/o Village Udhnapur, Kosambehra, Police Station Khadgawa, District Korea (CG) ---- Applicant

Versus

State Of Chhattisgarh Through - the Station House Officer, Police Station - Khadgawa, District - Korea, Chhattisgarh. ---- Non-Applicant For Applicant : Shri Amit Soni, Advocate.

For Non-Applicant : Shri Sudeep Agrawal, Deputy AG. Proceeding Through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 15/10/2020 :

1. The applicant has preferred this application for grant of bail as she is arrested in connection with Crime No.89/2020 registered in Police Station Khadgawa, District Korea for offence under Sections 302, 201 and 120-B/34 of the IPC.

2. There are 3 accused persons who have been sent for trial namely, applicant Smt. Shrimati Sahu, son Tejlal and husband Ram Lakhan. Deceased Sangita, wife of accused Tejlal, used to remain unwell for being diabetic, therefore, this applicant and Ram Lakhan were wanting to marry Tejlal to some other girl. Hence they hatched a conspiracy on

the intervening night of 11/12-2-2020 and accused Tejlal and Ram Lakhan strangulated the deceased whereas this applicant was at some other village attending Bhagwat Geeta.

3. Rinki Sahu, aged about 10 years, daugher of deceased Sangita, has seen the occurrence, but she states in her diary statement that the applicant was not available in the house on the date of commission of offence.

4. Considering the quality of evidence; the overt act alleged against the applicant, and for the fact that the applicant is a lady aged about 50 years; she is in jail since 1.5.2020 and the charge sheet has already been filed, this Court is inclined to release the applicant on bail.

5. Accordingly, the application is allowed and the applicant is directed to be released on bail on her executing a personal bond for a sum of Rs.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/- Judge (Prashant Kumar Mishra) Barve