Shahnaj Begam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7102 of 2018 Shahnaj Begam W/o Abdul Sayid, aged about 56 years, R/o Mohan Colony Haldibadi, P.S. & Tahsil Chirmiri, District- Korea (C.G.). (learned court below has wrongly mentioned age 52 in place of 56).

--- Applicant

Versus

State of Chhattisgarh, Through, P.S. Chirmiri, District- Korea (C.G.) ---- Respondent For Applicant :

Mr. F.S. Khare, Advocate For Respondent :

Mr. Bhaskar Payashi, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 01/11/2018 1.

The applicant has preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 145/2015 registered at Police StationChirmiri, District- Korea (C.G.) for the offence punishable under Section 394, 34, 354 & 201 of the IPC 2.

As per prosecution story, on 08/05/2015, the present applicant along with her son namely- Abdul Majid @ Monu stopped the prosecutrix, a married lady aged about 30 years. It is alleged that the son of the applicant tried to outrage the modesty of the prosecutrix. The allegation against the present applicant is that she looted gold tops from the prosecutrix. A report was made and on the basis of said

report, offence has been registered. The applicant was arrested on 06/09/2018.

3.

Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated. She is in custody since 06/09/2018, charge-sheet has been filed, co-accused- Abdul Majid @ Monu has already been released on bail by the trial Court and both the parties before the trial Court have already filed their compromise petition, therefore, the applicant may be released on bail. 4.

Per contra, learned counsel appearing on behalf of the State opposes the bail application.

5.

I have heard learned counsel for both the parties. 6.

Considering the entire facts and circumstances of the case, particularly considering that the applicant is in custody since 06/09/2018 and both the parties have already filed their compromise petition before the trial Court, I am inclined to release the applicant on bail. 7.

Accordingly, the bail application is allowed. 8.

It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court, as and when directed.

Sd/- (Arvind Singh Chandel) Judge Rahul