Smt. Sameen Banjare v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7790 of 2015

1. Smt. Sameen Banjare W/o Bhagwan Das Banjare Aged About 30 Years R/o Ganesh Nagar, Chuchuniyapara, Police Station Sirgitti, Tahsil & District Bilaspur Chhattisgarh

2. Saukin Banjare W/o Mohan Das Banjare Aged About 28 Years R/o Ganesh Nagar, Chuchuniyapara, Police Station Sirgitti, Tahsil & District Bilaspur Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through The Station House Officer Police Station Sirgitti, District Bilaspur Chhattisgarh ---- Respondent For applicants - Shri Suresh Kumar Verma, Advocate. For Respondent/State - Shri Arvind Shukla, PL. Hon'ble Shri Justice Goutam Bhaduri Order 19/01/2016 1.

The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No. 337/2015 registered in Police Station Sirgitti, District Bilaspur (C.G.) for offence punishable under section 452, 294, 323, 506, 147, 148, 149, 458, 324, 326, 307 of the Indian Penal Code.

2.

As per the prosecution case on 10/11/2015 the crackers were being burned, at that time dispute arose in between complainant and the applicants. Consequently, it is alleged that applicants entered into the house of the complainant and thereafter assaulted the family members of the complainant and the persons who tried to intervene were also assaulted. Thereafter, on report of the complainant, case was registered. 3.

Learned counsel for the applicants submits that main allegations are attributed to Monu Banjare and Derha who has used gupti and sword. He further submits that name of the applicants are not mentioned in the

FIR and they have been falsely implicated in this case. He further submits that all the evidence is complete and charge sheet has been filed and applicants being ladies, they may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

I have perused the statement. According to the case diary and the evidence main allegation of using gupti is attributed to Monu Banjare and that of using sword is attributed to Derha. Taking into account the fact that name of the applicants are not mentioned in the FIR, charge sheet having been filed and applicants being ladies, this court is inclined to release the applicants on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicants shall be released on each of them furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for their regular appearance before it as and when directed.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri