Urmila Sharma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7458 of 2016 Urmila Sharma, Aged About 46 Years, W/o Ashok Kumar Sharma, R/o Water Works Colony, Quarter No. F- 7, Hathras, District Hathras, Uttar Pradesh ---- Applicant

Versus

State Of Chhattisgarh Through In Charge Of Mahila Police Station, Ambikapur, District Sarguja Chhattisgarh ---- Respondent For applicant - Shri Vishnu Koshta, 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.6/2015 registered in Police Station Mahila P.S. Ambikapur, District Sarguja (CG) for offence punishable under section 313 of Indian Penal Code.

2.

As per the prosecution case, a report was made by complainant Smt. Sakshi Shroti that she was married to Avdesh Shroti on 29/11/2012. Thereafter, when she joined her matrimonial home she was subjected to torture for demand of dowry. Consequently, report was made against the present applicant and other co-accused and in the year 2013 when the complainant became pregnant, she was subjected to cruelty and forceful abortion was carried on wherein she was also party. 3.

Learned counsel for the applicant submits that complainant has initially made a report under Section 498-A of IPC. Thereafter, the applicant was bailed out for offence under Section 498-A of IPC. Subsequently, again addition of abortion was made and it is completely false allegations have been attributed, applicant is a lady and she is in jail since 7/11/2016, charge sheet has been filed, therefore the applicant may

be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Considering the facts and circumstances of the case, intermittent period of allegation levelled, also taking into fact that charge sheet has been filed, this court is inclined to release the applicant on bail. 6.

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

Sd/- (Goutam Bhaduri) JUDGE gouri