Smt. Shakuntala Thakur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4908 of 2018 • Smt. Shakuntala Thakur W/o Late Gokul Singh Thakur Aged About 42 Years R/o Bhadrapara, Balco Nagar Korba Police Station Balco Tahsil And District Korba Chhattisgarh., District : Korba, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Ajak, Korba District Korba Chhattisgarh., District : Korba, Chhattisgarh ---- Respondent For Applicant : Mr. Anil Gulati. Shrivastava, Advocate For State/respondent : Mr. Anant Bajpai, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 01/08/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail to her as she is in custody in connection with Crime No.23/2018, registered at Police-Station-AJAK, Korba, District-Korba(C.G.) for the offence punishable under Sections 294, 506, 332, 353, 186 r/w Section 34 of the Indian Penal Code and Section 3(2)(5A) of Schedule Tribe/Schedule Caste (Prevention of Atrocities) Act, 1989.

2. It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. No case is made out against her, hence, it is prayed that she may be enlarged on regular bail.

3. On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect.

4. The allegation against this applicant is this, that she had been to the police station for lodging of FIR and then she had a dispute with the complainant and she assaulted him with slippers after abusing him, threatening him and thus deterred him for performance his official duty. The complainant is member of Schedule Tribe, hence, the offence under the Atrocities Act has been added in this case.

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

6. After considering on all the material present in the case diary and the trial is likely to take some time before its conclusion, for this reason, I am of this view that this is a fit case where the applicant should be released on regular bail.

7. Accordingly, the bail applications filed under Section 439 of the Cr.P.C. are allowed. It is directed that applicants shall be released on bail on her furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for her appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha