Kulpati Bai & ORS. v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8274 of 2018 1.

Kulpati Bai W/o Komal Sahu Aged About 45 Years, 2.

Kumari Savita D/o Late Shatruhan Sahu, Aged About 21 Years, 3.

Hembai Sahu Wd/o Shatrughan Sahu Aged About 45 Years, 4.

Kumari Kiran Sahu D/o Komal Sahu Aged About 20 Years (wrongly mentioend in order sheet daughter of Shatrughan Sahu) All are resident of village Kalyanpur, Police Station and Tehsil S.Lohara, District Kabirdham, Chhattisgarh ---- Applicants

Versus

State of Chhattisgarh Through Station House Officer, Police Station S. Lohara, District Kabirdham Chhattisgarh, ---- Respondent -------------------------------------------------------------------------------------------------- For Applicants : Mr. Amit Kumar Sahu, Advocate For Respondent : Mr. Sanjeev Pandey, Govt.Advocate -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Vimla Singh Kapoor.

Order On Board 31/10/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of bail to the applicants who have been arrested in connection with Crime No. 141/2018 registered at Police Station- S.Lohara, District Kabirdham (C.G.) for the offence punishable under Sections 294,147,148,452,307,354A IPC.

2. As per prosecution case, 08.08.2018 the applicant in association with the other persons forcibly entered in the house of the complainant and scuffled with her, tore her clothes with an intention to outrage her modesty.

3. Learned counsel for the applicant submits that the applicants are innocent and they have been falsely implicated in this case on account of old enmity. He further submits that the applicants are in jail since 04.10.2018, therefore, they may be enlarged on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. Considering the facts and circumstances of the case and the fact that all the applicants are women who are in jail since 04.10.2018, I am inclined to release the applicants on bail.

6. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7. It is directed that the applicants shall be released on bail on their furnishing a personal bond for a sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

Sd/- (Vimla Singh Kapoor) Judge Jyotishi/ Santosh