Smt. Fulbai Chouhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Smt. Fulbai Chouhan W/o Ramlakhan Chouhan Aged About 30 Years Residence Of Village Naraibodh, Tahsil Katghora, District Korba Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through District Magistrate Korba, District Korba Chhattisgarh, Through Police Station Kusmunda, District Korba Chhattisgarh ---- Respondent For Applicant Mr. Vikas Pandey, Advocate For Respondent /State Ms. Akshara Amit, Panel Lawyer SB.: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 4/3/2021

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant,

who has been arrested in connection with Crime No.462/2019 registered at Police Station Kusmunda, District Korba (CG) for the offence punishable under Sections 302, 201 read with 34 of the IPC.

3. According to the prosecution, deceased Mahendra Pratap was having illicit relation with the present applicant. He came to the applicant's residence at Naraibodh on 13.11.2019. Co-accused Gulab Bai insisted the present applicant to have sexual intercourse with the deceased, over which, a dispute arose in the house, where-after, the present applicant along with her mother Gulab Bai and brother Ram Kumar committed murder of the deceased. The dead body was dragged out and thrown in the well situated in the campus of one Budhwardas. The evidence against the present applicant is more or less of the same nature as is available in the case diary against co-accused Gulab Bai. In substance, the evidence against the applicant is in the form of case diary statements of Deo Prasad, Nawdha and Pyarelal, who stated that the deceased had disclosed them about his affair with the present applicant and that he is going to meet the applicant at her residence on the date of the incident. The other evidence is in the form of memorandum statements of the witnesses and recovery of blood stained club.

4. Considering that co-accused Gulab Bai has been released on regular bail by this Court in MCRC No.1686/2020 vide order dated 14.8.2020, I am inclined to release the present applicant also on regular bail.

5. Accordingly, the application is allowed and the applicant is directed to be released on bail on her furnishing a personal bond for a sum of Rs.50,000/- with one surety in 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.

6. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna