High Court Of ChhattisgarhMCRC/7671/2020allowed

Brihaspatiya Bai v. State Of Chhattisgarh

2021-01-13Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 7671 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7671 of 2020 • Brihaspatiya Bai W/o Ramkumar Sahu Aged About 48 Years R/o Village Pasal, Police Station Chandani, District Surajpur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Chandani, District Surajpur, Chhattisgarh.

---- Respondent For Applicant :- Mr. Gyan Prakash Shukla, Advocate For Respondent-State :- Mr. Alok Nigam, G.A. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 13/01/2021

1. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.25 of 2020, registered at Police Station Chandani, District Surajpur C.G., for the offence punishable under Sections 302, 201, 120B, 34 of the I.P.C. & Section 25, 27 of the Arms Act.

2. The present applicant along with her husband Ramkumar Sahu and her son Rohit Sahu has been arrested on 16.06.2020 on allegation of committing murder of deceased Shivcharan Kashi on 13.06.2020 at about 8:00 pm. Dead

MCRC No. 7671 of 2020 body of deceased was recovered from the forest area situated at a distance of about 15 km from the residence of the present applicant.

3. As against the present applicant, her memorandum statement was recorded on 16.06.2020, consequent upon which blood stained clothes of her husband were recovered on which no blood stain has been found during FSL examination. There is no evidence of extra judicial confession or last seen together.

4. Considering the quality of evidence and for the fact that the applicant, a lady aged about 48 years is in jail since 16.06.2020 and also for the fact that charge sheet has already been filed, I am inclined to release the applicant on bail.

5. Accordingly, the application is allowed and the applicant is directed to be released on bail on her executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. She is directed to appear before the trial Court on each and every date given by the said Court.

SD/- (Prashant Kumar Mishra) Judge Ayushi