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High Court Of ChhattisgarhMCRC/5525/2019allowed

Smt. Neetu Patel v. State Of Chhattisgarh

2019-11-22Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5525 of 2019 • Smt. Neetu Patel W/o Late Chowaram Patel Aged About 36 Years R/o Abhanpur, District- Raipur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Abhanpur, District- Raipur, Chhattisgarh.

---- Respondent For Applicant :

Mr. Pradeep Singh Rathore, Advocate.

For Respondent :

Mr. Sameer Sharam, Dy.G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 22/11/2019 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing her on regular bail during trial in connection with Crime No. 151/2019 registered at Police Station - Abhanpur, District Raipur (C.G.) for the offence punishable under Sections 302 and 201 of IPC.

• The prosecution story in brief is that, the allegation against the present applicant is that she has committed murder of her husband and disappeared the evidence. After completion of investigation, offence has been registered against the applicant and she was arrested on 22.03.2019. • Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that all the seizure witnesses have not supported the prosecution case and turned hostile. He next submits that the applicant is ready to furnish adequate security & shall abide by all the directions & conditions which

may be imposed by this Court while granting bail. Applicant is in jail since 22.03.2019, therefore, the present applicant may be released on bail.

• On the other hand, counsel for the State opposes the bail application.

• I have heard learned counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the fact that all the seizure witnesses have turned hostile and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

• Accused/applicant is directed to be released on bail on her executing personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. She is directed to appear before the said Court on each and every date given to her by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu