Miss Muskan Khan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1772 of 2020 • Miss Muskan Khan D/o Firoz Khan aged about 21 years R/o. Maharani Ward Jagdalpur District Bastar (C.G.) ---- Applicant

Versus

• State of Chhattisgarh, Through : the Police Station Kotwali, District Bastar (C.G.) ---- Respondent For Applicant : Mr. Shivendu Pandya, Adv.

For Respondent/State : Mr. Sudeep Verma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 08.06.2021

1. This application under Section 438 of the Code of Criminal Procedure has been filed by the applicant who is apprehending his arrest in connection with Crime No. 375/2020 registered at Police Station- Kotwali, District Bastar (C.G.) for commission of the offence punishable under Sections 294, 506, 324 & 326 of the IPC.

2. As per the prosecution case, the allegation against the present applicant is that he along with co-accused assaulted the son of the complainant due to which he got injuries on his head.

3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He further submits that neither the present applicant was present on the spot nor her name was in the FIR, due the old dispute her name was added later in the FIR. He further added that the applicant is 21 years old lady and she is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court, therefore, the present applicant may be granted anticipatory bail.

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

5. After hearing counsel for the parties and considering the facts and circumstances of the case, this Court is of the considered opinion that it is a fit case to grant anticipatory bail to the applicant. Accordingly, the application is allowed.

6. It is directed that in the event of arrest of the applicant in connection with aforesaid crime number, she shall be released on bail on her furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned arresting/ investigating ofÏcer or the Court concerned, as the case may be, with the following terms and conditions:

(i) that the applicant shall make herself available for interrogation before the concerned investigating ofÏcer as and when required.

(ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts or the case as to dissuade him/her from disclosing such facts to the Court or to any police ofÏcer; (iii) that the applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial.

Sd/- (Rajani Dubey) Judge V/-