Smt. Prabhawati Mishra v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5683 of 2016 Smt. Prabhawati Mishra, W/o Ravi Mishra, Aged About 40 Years, R/o Nagpur Chouraha, P.S. Podi, District Koria Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through : S. H. O. Podi, District Koria Chhattisgarh ---- Respondent For applicant - Smt. Meena Shastri, Advocate. For Respondent/State - Shri Neeraj Jain, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 29/09/2016 1.

The applicant has preferred this application for grant of bail as she is arrested in connection with Crime No.103/2016 registered in Police Station Podi, District Koria (C.G.) for offence punishable under sections 316, 366, 376, 313, 506/34, 368, 34 of Indian Penal Code and Section 5 (B), 6 of Protection of Children from Sexual Offence Act, 2012. 2.

As per the prosecution case, one Keshav Prasad Jaiswal on the pretext of marriage committed sexual intercourse on the prosecutrix from the year 2014 whereby she became pregnant. Thereafter, she was aborted by the pressure of the family members of Keshav Prasad Jaiswal and while abortion was being carried out, present applicant was also present there.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case and the applicant do not have any relation with Keshav Prasad Jaiswal and simply false allegations are attributed against the applicant, therefore she may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Considering the facts and circumstances of the case, also

considering the delay and taking into fact that Keshav Prasad Jaiswal has been enlarged on bail by this court on 21/09/2016 in M.Cr.C. No.5865 of 2016, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on her furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for her regular appearance before it as and when directed.

Certified copy today.

Sd/- (Goutam Bhaduri) JUDGE gouri