Smt. Mani Bai Bharadwaj v. The State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5038 of 2018 • Smt. Mani Bai Bharadwaj W/o Mukesh Bhardwaj, Aged About 26 Years, R/o Ward No. 11, Dasrama Road, Thana City Kotwali, Distt. Baloda Bazar -Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh ---- Applicant

Versus

• The State Of Chhattisgarh Through The Police Station City Kotwali, Distt. Baloda Bazar-Bhatapara Chhattisgarh, District : BalodabazarBhathapara, Chhattisgarh ----Non-applicant For Applicant - Shri Samir Singh, Advocate. For Non-applicant/State - Shri Anupam Dubey, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 07-08-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 27-03-2018 in connection with Crime No.176/2018 registered at P.S. - City Kotwali, Distt. Baloda Bazar, Chhattisgarh for the offence under Section 363, 366, 376 of the IPC & U/s 4 of Protection of Children from Sexual Offences Act 2012 and U/s 3 (1)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. She is in jail since 27-03-2018. No case is made out against this applicant according to the material present in the case diary. Hence, it is prayed that she may be granted regular bail. 3.

Learned counsel for the State/non-applicant opposes the application submitting that this applicant had assisted in commission of the offence by main accused person, hence, she is not entitled for grant of bail. 4.

Heard learned counsel for the parties and perused the case diary.

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The case against this applicant and the co-accused is this, that on the date of incident the minor prosecutrix was called by this applicant and taken to the house of co-accused Ravi Sahu, where all of them consumed liquor and thereafter this applicant left, subsequent to that, main accused Ravi Sahu committed the offence of rape with the prosecutrix. Hence, this case. 6.

After considering on the material present in the case diary, I am of this opinion that this applicant deserves to be granted regular bail. 7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant 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 Court, for her appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil