Sarita Devi v. State Of Chhattisgarh

MCRCA No. 1449 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1449 of 2020 • Sarita Devi W/o Krishna Kumar Aged About 23 Years R/o Sanyasi Gali, Near Shyamlal Kirana Stores, P.S. Khursipar, District Durg Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Khursipar (Chhattisgarh) ---- Respondent For Applicant :- Mr. Shreyankar Nandy, Advocate For Respondent-State :- Mr. Sameer Oraon, G.A.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 17/12/2020

1. The applicant has preferred this application for grant of anticipatory bail, as she apprehends her arrest in connection with Crime No.265/2020, registered at Police Station Khursipar, District- Durg C.G. for offence punishable under Sections 294, 323, 325/34, 456, 506 of the I.P.C.

2. Applicant along with three other accused persons has allegedly committed house-trespass; abused filthily; criminally intimidated and assaulted the complainant/injured Rajesh Singh @ Loha Singh by means of club and sharp edged weapon causing fracture of skull bone.

3. It is argued that injured is a bootlegger having large number of

MCRCA No. 1449 of 2020 cases registered against him. For the same incident, applicant's husband lodged prior FIR at 5 am on 08.05.2020, therefore, as a counter blast, the present FIR has been lodged by Rajesh Singh @ Loha Singh at 08:44 am.

4. Learned State counsel would oppose the prayer for grant of anticipatory bail.

5. Considering that the applicant is a lady, aged about 23 years and has no previous antecedent as also for the reason that out of the alleged incident, only Section 456 of the IPC is non-bailable, I am inclined to release the applicant on anticipatory bail.

6. Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant, she shall be released on anticipatory bail on executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:- (i)she shall make herself available for interrogation by a police officer as and when required;

(ii)she 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 from disclosing such facts to the Court or to any police officer;

(iii) the applicant shall not influence the witnesses during pendency of the trial.

SD/- (Prashant Kumar Mishra) Judge Ayushi