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High Court Of ChhattisgarhMCRC/7457/2016dismissed

Smt. Setkumari @ Munni v. State Of Chhattisgarh

2016-11-28Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7457 of 2016 Smt. Setkumari @ Munni W/o Shri Doctor Lal Patel Aged About 46 Years R/o Village Bhanwarpur, Police Station Sarangarh, Civil & Revenue District Raigarh, Chhattisgarh.

---- Applicant

Versus

The State Of Chhattisgarh Through The Station House Officer, Police Station Basna, District Mahasamund, Chhattisgarh. ---- Respondent For applicant - Shri Sunil Sahu, Advocate.

For Respondent/State - Shri U.K.S. Chandel, PL. Hon'ble Shri Justice Goutam Bhaduri Order 28/11/2016 1.

The applicant has preferred this application for grant of bail as she is arrested in connection with Crime No.180/2016 registered in Police Station Basna, Distt. Mahasamund for offence punishable under sections 307/34, 120-B of Indian Penal Code and Section 25/27 of Arms Act. 2.

As per the prosecution case, on 9/07/2016 Ghasiram Patel was attacked by Surendra, Rajesh, Sonu, Kallu etc. as some land dispute was existing in between complainant and wife of the complainant (who is the elder sister of the applicant) and Rajesh and Surendra are the son of the applicant Sethkumari. Thereby, they hired few of the person to eliminate Ghasiram Patel and in pursuant thereto he was attacked. During such incident bullet shot was tried to be failing which injury was made by way of knife.

3.

Learned counsel for the applicant submits that there is no evidence against the applicant except memorandum of the other co-accused and only on presumption the applicant has been inculpated. He submits that the applicant being a lady, she may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail.

5.

Memorandum statement shows that the applicant alongwith other co-accused has hired person to eliminate Ghasiram Patel and advance of Rs.20,000/- was paid. Taking into such fact of common design and the conspiracy, this court is not inclined to release the applicant on bail. 6.

Accordingly, the bail application is dismissed. Sd/- (Goutam Bhaduri) JUDGE gouri