Savitri Purnachandra Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case (A) No. 1219 of 2018 Savitri Purnachandra Gupta W/o Purnachandra Gupta Aged About 38 Years Occupation House Wife and Sarpanch, R/o Village Midmida, Tahsil Pusore, District Raigarh, Chhattisgarh.

-----Applicant

Versus

State of Chhattisgarh Through The Station House Officer, Police Chowki Jutemil, P.S. City Kotwali, District Raigarh, Chhattisgarh. ---- Respondent For Applicant :

Ms. Pushpalata Khalkho, Advocate.

For Respondent :

Shri RN Pusty, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order On Board 20/09/2018

1. The applicant has filed this application for grant of anticipatory bail as she is apprehending her arrest in connection with Crime No.372 of 2016 registered at Police Station, Police Chowki Jutemill, PS City Kotwali, District Raigarh, for the offence punishable under Sections 147,148,149,186,294,506,452 and 332 IPC.

2. The allegation against the applicant as per prosecution is that, the present applicant and other co-accused persons is said to have gathered in the large number and thereafter created ruckus in the garb of protesting against opening of a liquor shop.

3. The counsel for the applicant submits that the other co-accused persons against whom similar allegations were made have already been granted anticipatory bail in MCRCA Nos. 221 of 2017 and 1174 of 2018 vide order dated 19.05.2017 and 17.09.2018 respectively. She further submits that the allegations being identical, the present applicant is also entitled for grant of anticipatory bail on the ground of parity.

4. The counsel for the State however opposes the bail application and submits that the name of the present applicant finds place in the FIR

and that it was the applicant who along with other co-accused persons were leading agitation on the date of incident and as such the present applicant has also played an active participation in the agitation and the incident that followed.

5. Given the entire facts and circumstances of the case particularly taking note of the fact that the allegations against the applicant is similar to that of other co-accused persons namely Vibhash Singh, Vinay Kumar Pandey and Tarun Singh Thakur and who have already been granted anticipatory bail by this court and the allegations against the present applicant also being similar in nature, this court does not find any reason why the present applicant should also be not entitled for similar treatment.

6. Accordingly, the application is allowed. It is directed that in the event of arrest, the applicant shall be released on bail on furnishing a bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the officer arresting her and she shall abide by all the following terms and conditions:

1. That, the accused/applicant shall make herself available for interrogation before the concerned Investigating Officer as and when required;

2. The accused/applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer;

3. The accused/applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and

4. 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.

7. Certified copy, as per rules.

Sd/- (P. Sam Koshy) Judge inder