High Court Of ChhattisgarhMCRC/6111/2018allowed

Smt. Nilima Singh @ Neelam @ Neelu v. State Of Chhattisgarh

2018-09-17Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6111 of 2018 • Smt. Nilima Singh @ Neelam @ Neelu D/o Pitambar Singh Aged About 27 Years R/o- Near Ramdarbar Mandir, Kota, Police Station Saraswati Nagar, Raipur, Tahsil And District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Police StationKumhari, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh ---- Respondent For Applicant : Mr. P.K. Patel, Advocate For State/respondent : Mr. Lav Sharma, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 17/09/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail to her as she is in custody in connection with Crime No.118/2018 registered at Police-Station-Kumhari, District-Durg(C.G.) for the offence punishable under Section 306/34 of the Indian Penal Code.

2. It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. No case is made out against her. This applicant had been herself a complainant as she had filed a complaint against the deceased regarding the offence of sexual

exploitation made by him. The deceased has committed suicide for his own reasons and no abetment was given by this applicant. Similarly placed co-accused Darasing Parihar has been released on regular bail by this Court in MCRC No.5189 of 2018 vide order dated 13.8.2018. Hence, it is prayed that he may also be released on regular bail.

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

4. I have heard the learned counsel for both the parties and perused the case diary.

5. Deceased Ashish Singh committed suicide on 12.4.2018. It is alleged that this applicant had filed a complaint against the deceased regarding sexual exploitation, because of which deceased was harassed. Further, he was also threatened by this applicant and the co-accused Darasingh Parihar and a demand of Rs.25 lakh was made from him, which are the reasons that deceased has committed suicide.

6. Considering the entire material present in the case diary, I am of the view that this is a fit case where applicant should be released on regular bail.

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

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha