Urmila Bai Yadav v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7122 of 2016 • Urmila Bai Yadav W/o Late Shatrughan Yadav, Aged About 30 Years R/o Tilaidand, Police Station Bango, District Korba, Chhattisgarh. --- Petitioner
Versus
• State of Chhattisgarh Through Station House Officer, Police Station Bango, District Korba, Chhattisgarh. --- Respondent For the applicant :
Mr. Aditya Khare, Advocate For the Respondent :
Mr. U.K.S. Chandel, Panel Lawyer.
Hon'ble Shri Justice Goutam Bhaduri Order on Board 17.11.2016
1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 70 of 2016 registered at P.S. Bango, Distt. Korba (C.G) for the offence punishable under Sections 302, 201/34 of IPC.
2. As per the prosecution case, on 29.06.2016 at about 9 p.m., a dispute took place between co-accused and deceased Shatrughan Yadav who is husband of the present applicant and other co-accused assaulted the deceased thereby he died and the allegation against the present applicant is that she tried to cause disappearance of the evidence
3. Learned counsel for the applicant would submit that the only allegation against the present applicant is that she tried to cause disappearance of evidence and the main allegation of assault is attributed to other co-accused, therefore, she may be enlarged on bail.
4. Per contra, learned State Counsel opposes the bail.
However, he do not dispute the fact that the allegation levelled against the applicant is that she tried to cause disappearance of evidence after the incident.
5. Taking into such allegations and the totality of the facts and circumstances of the case, I am inclined to release her on bail.
6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on her executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. She will also appear before the trial Court as and when directed by the said Court till disposal of trial.
C.c.
as per rules.
Sd/- GOUTAM BHADURI JUDGE R a o