Ram Pyari Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6401 of 2019 • Ram Pyari Verma W/o Toran Verma( wrongly mentioned as D/o Toran Verma) Aged About 35 Years R/o Kaudiya Palari, Balodabazar, District- Balodabazar, Bhatapara, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Palari, District- Balodabazar-Bhatapara, Chhattisgarh. ---- Respondent For Applicant :

Mr. Rakesh Pandey, Advocate.

For Respondent :

Mr. Sameer Sharma, Dy.G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 28/11/2019 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing her on regular bail during trial in connection with Crime No. 230/2019 registered at Police Station - Palari, Balodabazar, District- Balodabazar, Bhatapara, (C.G.) for the offence punishable under Sections 302, 201/34 of IPC. • The prosecution story in brief is that, an FIR was lodged against unknown person on the basis of merg-intimation, given by Shatrughan Lal Verma alleging therein that, on the roof of house of Toran Verma, dead body of his daughter namely Pushpa has been found and there is lacerated wound on her right side of head. After completion of investigation, police has arrested the father of deceased namely Toran Verma and present applicant, who is step mother of deceased and offence has been registered against the applicant. • Learned counsel for the applicant submits that the applicant

is innocent and has been falsely implicated in the case. He further submits that the main allegation is against the coaccused namely Toran Verma and the present applicant has been arrested only for offence punishable under Section 201 of IPC. She is in jail since 12.06.2019, therefore, the present applicant may be released on bail.

• On the other hand, counsel for the State opposes the bail application.

• I have heard learned counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicant and further considering the fact that the main allegation is against accused Toran Verma and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed. • Accused/applicant is directed to be released on bail on her executing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. She is directed to appear before the said Court on each and every date given to her by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu