Smt. Suman Naurange And Others v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3368 of 2017

1. Smt. Suman Naurange W/o Chandrakant Nourange, Aged About 32 Years R/o Village Palari, Police Station Palari, District- Baloda Bazar Bhatapara, Chhattisgarh.

2. Padma D/o Deenbandhu Kousle, Aged About 28 Years R/o Village Devri, Police Station Mungeli, District- Mungeli, Chhattisgarh.

3. Kamleshwari W/o Kishor Kousle, Aged About 21 Years R/o Village Devri, Police Station Mungeli, District- Mungeli, Chhattisgarh.

4. Vimla Bai W/o Deenbandhu Kousle, Aged About 65 Years R/o Village Devri, Police Station Mungeli, District- Mungeli, Chhattisgarh.

--- Appellants

Versus

• State of Chhattisgarh through Police Station City Kotwali, Mungeli, District- Mungeli, Chhattisgarh. --- Respondent For the applicants :

Mrs. Kiran Jain, Advocate For the State :

Mr. Anant Bajpai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 13.06.2017

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicants in connection with Crime No. 32/2017 registered at P.S. City Kotwali (Mungeli), Distt. Mungeli (C.G) for the offence punishable under Sections 302, 307, 147, 148, 149, 294 & 323 of IPC.

2. As per the prosecution case, over tying of cattle in front of the door a dispute occurred on 20th January 2017, whereby the present applicants along-with other accused Pawan Koshle, Kishore Koshle & Deenbandhu armed with club and Axe assaulted Khemchand who is also related and as a result of which, he died.

3. Learned counsel for the applicants would submit that the main allegation of the incident was not premeditated and all of a sudden, the quarrel erupted over a trivial issue and the main allegations of assault by Axe and Club are on other male accused and only the allegation against the applicants is that they entered into verbal altercations, therefore, considering the role of the applicants who are ladies, they may be enlarged on bail.

4. On the other hand, learned State Counsel opposes the prayer.

5. Perused the statements of eye-witnesses Komal Prasad Koshle, Rewat Kumar Koshle Deenchand and Taran Bai. From perusal of such statements and the role played by the applicants it appears that the main allegations are levelled against other male members. Taking into such facts situation of the case and further taking into the fact that the applicants are ladies, I am inclined to allow this bail application.

6. Accordingly the bail application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the trial Court. They shall also appear before the trial Court as and when directed by the said Court.

Cc as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o