Smt. Jhool Bai Baiga v. State Of Chhattisgarh

MCRC No. 7759 of 2020 & MCRC No. 8029 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7759 of 2020 Chandan Singh Baiga S/o Jethu Ram Baiga Aged About 39 Years R/o Village Lufa, Police Station And Tahsil Kota, District Bilaspur (Chhattisgarh) ---- Applicant

Versus

State Of Chhattisgarh Through The District Magistrate, District Bilaspur (Chhattisgarh) ---- Non-Applicant MCRC No. 8029 of 2020 Smt. Jhool Bai Baiga W/o Late Raju Baiga Aged About 35 Years R/o Village Lufa, Police Station And Tahsil Kota, District Bilaspur Chhattisgarh., ---- Applicant

Versus

State Of Chhattisgarh Through The District Magistrate, District Bilaspur Chhattisgarh.

---- Non-Applicant For Applicant : Shri Shashank Thakur, Advocate.

For Non-Applicant : Shri Ravish Verma, Govt. Advocate. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 03/02/2021 :

1. The aforesaid bail applications are being disposed of by this common order as they arise out of Crime No.202/2020 registered in Police Station Kota, District Bilaspur for offence under Section 302/34 and

MCRC No. 7759 of 2020 & MCRC No. 8029 of 2020 120-B of the IPC.

2. 5 accused persons including the present applicants have hatched a conspiracy to commit murder of deceased Raju Baiga in the evening of 10.5.2020. Janglu along with two other accused, who were subsequently introduced as Kailash and Annu, reached the house of applicant Chandan. Janglu informed them that he has struck a deal with Jhool Bai and as per the plan, they would eliminate Raju Baiga. This was allegedly heard by Geeta, daughter of Chandan. Later on, Chandan, Janglu, Kailash and Annu went to the house of Raju Baiga and committed his murder with the help of applicant Jhool Bai, wife of Raju Baiga.

3. If the statement of Geeta, daughter of Chandan is to be considered, she has named Annu Dhurve as part of group of accused, who were involved in hatching the conspiracy and thereafter proceeded towards the house of Raju. However, Suryaprakash @ Annu Dhurve has already been released on regular bail by the coordinate Bench of this Court in MCRC No.6664/2020. The case of the present applicant Chandan is more or less similar to the accused Suryaprakash @ Annu Dhurve whereas case of Jhool Bai is on far better footing. Therefore, I am inclined to release both the applicants on bail.

4. Accordingly, the applications are allowed and the applicants are directed to be released on bail on each of them 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. They are directed to appear before the trial Court on each and every date given by the said Court. Sd/- Judge (Prashant Kumar Mishra) Barve