Smt. Gulabiya Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4766 of 2015 Smt. Gulabiya Bai, Wd/o Late Kashiram, aged about 45 years, R/o Azad Nagar, Godripara, Police Station Chirmiri, Civil and Revenue District Korea, District Korea (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through Station House Officer, police of Police Station Podi, District Korea (C.G.) ---- Non-applicant For Applicant:

Mr. Anil Gulati, Advocate.

For Non-applicant:

Mr. Neeraj Pradhan, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 14/09/2015

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing her on regular bail during trial in connection with Crime No.71/2015 registered at Police Station Podi, Distt. Korea, for the offence punishable under Section 394 read with Section 34 of the IPC.

2. Case of the prosecution, in brief, is that the applicant and two other coaccused persons said to have robbed complainant Sunil Kumar Thakur on 10-6-2015 at 11 p.m. at night and looted gold chain and Rs.2,700/- from him.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the crime, there is no TI parade and it is a case registered against unknown persons. The applicant is in jail since 14-6-2015 and charge-sheet has been filed.

4. On the other hand, learned State counsel opposes the application and

submits that gold chain snatched from the complainant has been recovered from the house of the applicant.

5. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, the manner in which at late night the complainant has been subjected to robbery and recovery of gold chain from the present applicant, I do not consider it a fit case for grant of regular bail to the applicant. The application is rejected. Sd/- (Sanjay K. Agrawal) Judge Soma