Smt. Ramabai Soni v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No.834 of 2015 Smt. Ramabai Soni W/o Gambulu Soni Aged About 30 Years R/o Village - Seenapali, Post Office & Police Station - Deobhog, District - Gariyaband (Chhattisgarh).

---- Petitioner

Versus

State Of Chhattisgarh Through : The Station House Officer, Police Station - Deobhog, District - Gariyaband (Chhattisgarh). ---- Respondent For Petitioner :

Shri Shivendu Pandya, Advocate For Respondent/State :

Shri Ashok Swarnkar, P.L.

Order On Board 04/09/2015 The applicant has preferred this application under Section 438 of Cr.P.C., apprehending her arrest in connection with Crime No.106/2014, registered at Police Station Deobhog, District Gariyaband for alleged commission of offence under Sections 147, 186, 332, 353, 307, 393, 294 and 506 of IPC. 2.

It is alleged that an incident of attack took place in the house of one Smt. Sanju Soni and when the police team arrived at the spot to save the family members of Sanju soni and others, the applicant and co-accused used criminal force and assaulted more than one police officers. It is alleged that an attempt was made to snatch away the fire arms possessed by the police officers and in order to save, the police officer had to open fire also.

3.

Learned counsel for the applicant submitted that in so far as applicant is concerned, there is no specific overt act against the applicant and large number of villagers were involved in the incident. It is submitted that in Crime No.105/2014,

where allegation of assault on Smt. Sanju Soni and family members, the applicant has been granted anticipatory bail. The present incident is also the same. 4.

On the other hand, learned State counsel submits that there are serious allegations against the applicant and other named accused in assaulting police personnel by using criminal force and as many as four police officers have received injuries. It is also submitted that the manner in which the incident has happened, it shows that the applicant and other accused mainly involved in the incident of assault to police personnel.

5.

Taking into consideration the nature of allegation, I am not inclined to grant bail to the applicant.

6.

Accordingly, the application is rejected.

Sd/- Manindra Mohan Shrivastava Judge Tumane