Smt. Chandrika Bai Sahu v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5477 of 2018 Smt. Chandrika Bai Sahu W/o Shri Ankalu Ram Sahu Aged About 44 Years R/o- Near Bhuiya Talab Kabir Nagar Raipur District Tehsil And District- Raipur, Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through- The District Magistrate, District Headquarter, Durg, Chhattisgarh.
----Non-applicant For Applicant :
Mr. A.C. Sahu, Advocate For State :
Ms. Astha Shukla, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 31/08/2018
1. This is an application filed under Section 439 Cr.P.C. for grant of bail to the applicant, who has been arrested in connection with Crime No. 249/2017 registered at Police Station Nandini Nagar, District Durg, Chhattisgarh for the offence punishable under Sections 302, 201/34 of Indian Penal Code.
2. The present applicant is in jail since 05.10.2017 in connection with the aforesaid Crime number.
3. The allegation against the present applicant is that the present applicant in connivance with the co-accused Vinod Singh is said to have murdered the deceased Dinesh Agrawal on 29.08.2017 by assaulting with an iron rod. It is said that the present applicant was having some relationship with the deceased and the co-accused Vinod Singh also had developed relationship with the present applicant and they had conspired to eliminate Dinesh Agrawal, who was running a small shop with an intention that after the elimination of the deceased, the present
applicant and the co-accused Vinod Singh could take over the shop and run jointly. The counsel for the applicant submits that the co-accused Vinod Singh has already been granted bail by this Court in MCRC No 1914/2018 vide order dated 25.04.2018 and that the nature of allegations and the circumstantial evidence against the present applicant are similar and is identical to that which is alleged against the co-accused Vinod Singh and therefore prayed for grant of bail on the ground of parity.
4. The State counsel however opposing the bail application submits that the nature of allegations are quite serious and the act played by the present applicant also seems to be against the present applicant, which has been collected during the course of the investigation and therefore prayed for rejection of the bail application.
5. Having heard the entire facts and circumstances of the case, particularly taking into consideration the grounds on which the co-accused Vinod Singh has been granted bail by this Court and also taking into consideration the nature of allegations, which have been attributed against the present applicant and no prima facie strong material has been collected in the course of the investigation, so far as the involvement of the present applicant is concerned, this Court is of the opinion that prima facie a strong case has been made out for grant of bail to the applicant. Accordingly, the present application for grant of bail is allowed.
6. 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 before the said Court as and when directed. Sd/- (P. Sam Koshy) Judge Ved