Bunduk Bai And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No. 3243 OF 2015 1.

Bunduk Bai, w/o Dukalha Goad, aged about 60 years 2.

Premwati Bai w/o Premu Verma aged about 49 Both labour work Resident of Village Chaurenga, Police Station Simaga, Civil and Revenue District Baloda / Bazar (C.G.) ---Applicants

Versus

State of Chhattisgarh Through The Station House Officer, Police Station Simga, Civil and Revenue District Baloda Bazar (C.G.) ---Non-applicant For Applicants :

Mr. J.R. Verma, Advocate For Non-applicant :

Mr. Neeraj Jain, Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 28/07/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 190/2004, registered at Police Station Simga, Civil and Revenue District Baloda Bazar (C.G.), for the offence punishable under Sections 302, 147, 148, 294, 149, 506(B) of I.P.C. 2.

Learned counsel for the applicants would submit that in a supplementary charge sheet filed against them, they have been arrested on 10/04/2015 as they were alleged that they were absconding earlier and have been falsely implicated. He would further submit that 12 persons have already been acquitted from the substantive charges in Criminal Appeal No. 485/2006 on 23/11/2011. He would lastly submit that applicants are women and they are ready and willing to furnish bail bonds, therefore, they are entitled to be

released on regular bail.

3.

On the other hand, learned counsel for the State would oppose the bail application.

4.

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

5.

Taking into consideration the facts and circumstances of the case; further taking into consideration the judgment relating to 12 persons; present applicants are not named in the FIR and they are women, this Court is of the opinion that present is the fit case, in which, the applicants should be enlarged on regular bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7.

It is directed that applicants namely, Bunduk Bai and Premwati Bai shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court for their appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari