Rajeshwari Sahu v. State Of Chhattisgarh

MCRC No. 9175 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9175 of 2020 • Rajeshwari Sahu W/o Anoj Sahu, Aged About 26 Years R/o Village Temri, Police Station Mana Camp, Tehsil And District Raipur Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through S.H.O. Police Station Mana Camp, District - Raipur Chhattisgarh.

---- Respondent For Applicant Mr. Avinash Chand Sahu, Advocate For Respondent/State Mr. Sudeep Agarwal, Dy. AG Proceedings through Video Conferencing SB.: Hon'ble Mr. Prashant Kumar Mishra, Ag. CJ Order On Board 25/6/2021

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.38/2020 registered at Police Station Mana Camp, District Raipur (CG) for the offence punishable under Sections 302, 201 of the IPC.

3. The applicant is a lady aged about 26 years. She has allegedly committed murder of a one-year-old child, who happens to be

MCRC No. 9175 of 2020 the daughter of her sister-in-law (Jethani). The case of the prosecution is based on circumstantial evidence. Since the death has taken place on account of drowning, no weapon has been recovered from the applicant. In the absence of any eyewitness account of the incident, the applicant's statement was recorded under Section 164 of Cr.P.C., wherein, she admits committing of the offence, however, the said statement is not legally admissible against the applicant.

4. Considering that the applicant is aged about 26 years and is in jail since 24.4.2020 i.e. for more than a year and the quality of evidence, I am inclined to release the applicant 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.

Certified copy as per rules Sd/- (Prashant Kumar Mishra) Acting Chief Justice Shyna