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High Court Of ChhattisgarhMCRC/5100/2019allowed

Kaushilya @ Sunita Sahu v. State Of Chhattisgarh

2019-08-14Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5100 of 2019 Kaushilya @ Sunita Sahu W/o Kheman Prasad Sahu Aged About 40 Years R/o Ward No. 22, Aamakherwa, Manendragarh, Police Station And Tahsil Manendragarh, District Korea Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through - Station House Officer, Police Station Baikunthpur, District Korea Chhattisgarh.

---- Respondent For the Applicant :

Shri Vijay Kumar Sahu, Advocate.

For the Respondent/State :

Shri Priyanshu Gupta, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

14.08.2019 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.188 of 2019, registered at Police Station - Baikunthpur, District - Korea, Chhattisgarh for the offence punishable under Section 381 of the Indian Penal Code. 2.

Learned counsel for the applicant submits that the applicant is in jail since 13.7.2019 and has been falsely implicated in this case. No case is made out against the applicant on the basis of the material placed before the Court by the prosecution. This applicant has not committed any offence. Hence, it is prayed that the applicant be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.

Heard counsel for both the parties and perused the case diary. 5.

FIR has been lodged by the complainant alleging that this applicant was working as servant in his house and she had stolen some articles of worth Rs.2,150/- from his house. Hence, this case. 6.

Considering the fact that the applicant does not have any criminal antecedents and the case is triable by the Judicial Magistrate First Class, I feel inclined to grant bail to the applicant in this case. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that 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 trial Court, for her appearance as and when directed. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Certified copy of the order today.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi