Ku. Geeta Kaiwart v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7976 of 2016 • Ku. Geeta Kaiwart D/o Shri Anand Kumar Kaiwart Aged About 19 Years R/o Bajarbhatha, Thana & Tahsil- Kasdol, Civil & Revenue District- Balodabajar- Bhatapara, Chhattisgarh. ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station- Kasdol, Civil & Revenue District Balodabajar- Bhatapara, Chhattisgarh.

---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Mr. Sunil Sahu, Advocate For Respondent/State :

Mr. Anant Bajpai, Panel Lawyer -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 15-12-2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 27-7-2016 in connection with Crime No. 287 of 2016, registered at Police Station Kasdol, Distrit Balodabazar - Bhatapara (CG) for the offence punishable under Sections 315, 318/34 of the IPC.

2.

Case of the prosecution, in brief, is that on 5-7-2016 a report was made by village Kotwar that dead body of fetus about 4 -5 months was found near the house of Ramdev Sahu. The statement of Dr. Bhagchand Patel was taken and a doubt was created over the present applicant. It is alleged that the applicant had relation with Manoj Kumar whereby she became pregnant and had taken some medicine. Subsequently, dead body of fetus was found.

3.

Learned counsel appearing for the applicant would submit that there is no evidence against the present applicant and the medical report also does not support conclusively of the fact that the applicant was pregnant and she was subjected to abortion. He would further submit that charge sheet has been filed, the applicant is in jail since 27-7-2016 and no further investigation is required, therefore, he may be released on bail. 4.

On the other hand, learned State counsel opposes the prayer for grant of bail.

5.

I have heard learned counsel for the parties, perused the case diary and other documents 6.

Perused the medical report which would show that no definite opinion ca be given about abortion.

7.

Taking into consideration the facts and circumstances of the case and further considering the medical report, without any observation on the merits of the case, this court is inclined to release the applicant on bail.

8.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the 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. Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju