High Court Of ChhattisgarhMCRC/6491/2015allowed

Smt. Gayatri Raxel v. State Of Chhattisgarh

2016-01-12Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6491 of 2015 • Smt. Gayatri Raxel W/o Ritesh Raxel Aged About 26 Years R/o- B.S.U.P. Colony, House No-B-4, Post Office- Raipur, Police Station- Vidhansabha, Raipur, Tahsil & DistrictRaipur(Chhattisgarh) --- Petitioner

Versus

• State of Chhattisgarh Through The Station House OfficerPolice Station- Vidhansabha, Raipur, DistrictRaipur(Chhattisgarh) --- Respondent For the applicant :

Mr. Shivendu Pandya, Advocate For the Respondent :

Mr. Anil S. Pandey Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 12.01.2016

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 211/2015 registered at P.S. Vidhansabha, Raipur, Distt. Raipur (C.G) for the offence punishable under Section 294, 506, 323 & 307 IPC.

2. Case of prosecution, in brief, is that the applicant who is claiming to be the wife Ritesh Raxel landed into dispute with the complainant Namrata when the complainant reached the house of applicant in search of her husband Ritesh and it turned into quarrel wherein the applicant has caused assault by way of knife on the neck of complainant.

3. Learned counsel for the applicant submits that the applicant and complainant entered into dispute and when the complainant has caused assault by beating, the knife injury has been accidentally inflicted by the applicant on which report and counter report have been made against each other. He further submits that the charge sheet has been

filed and applicant is in jail since 28.09.2015, therefore, she may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application.

5. Taking into consideration the totality of the circumstances and considering the nature of allegations and counter allegations and the way in which the offence committed as also considering the fact that the charge sheet in this case has been filed and the applicant is in jail since 28.09.2015, this Court is inclined to release him on bail. Accordingly, this application is allowed.

6. The applicant is directed to be released on bail on her executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court . She will also appear before the trial Court as and when directed by the said Court.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao