Smt. Krishna Uike v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 6943 of 2016

1. Smt. Krishna Uike, W/o. Kewal Uike, aged about 39 years, R/o. Bazarpara, Village-Utai, Tahsil and District - Durg (C.G.) ----Applicant

Versus

1. State of Chhattisgarh, Through : the Station House Officer, Police Station - Kodenar, District - Bastar Jagdalpur (C.G.) ---- Respondent For Applicant : Mr. S.K. Guha, Advocate For Respondent/State : Mr. Ashutosh Pandey, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 09/11/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.124/2010, registered at Police Station - Kodenar, District - Bastar, Jagdalpur (C.G.) for the offence punishable under Section 394 of I.P.C. 2.

This is the case of bail jump.

3.

Earlier the applicant was enlarged on bail, thereafter she remained absented on 17.11.2015. Consequently arrest warrant was issued against her and the applicant was arrested on 22.09.2016. 4.

Learned counsel for the applicant submits that the applicant is a lady, and she was ailing and therefore, she could not appear before the Court. It is further submitted that the applicant is in jail since 22.09.2016 and considering the nature of allegation, the applicant may be enlarged on bail.

5.

On the other hand, learned counsel for the State opposes the bail

Page No.2 application.

6.

I have heard learned counsel appearing for the parties. 7.

Perused the order of the Court below. Considering the facts and circumstances of the case and the fact that earlier the applicant was enlarged on bail and she being a lady, she is in jail since 22.09.2016 and further considering the period of detention, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 8.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

9.

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

10.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram