Suman @ Dimpi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C (A). No. 808 of 2017 Suman @ Dimpi D/o Son Sai, Aged About 26 Years W/o Sandeep Singh Marko, R/o Pateratila (Kotami) Chowki Kotami, P.S. Pendra, District Bilaspur, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Marwahi, District Bilaspur, Chhattisgarh ---- Respondent For the applicant : Mr. Anant Bajpai, Advocate For the Respondent/State :

Mr. Vinod Tekam, PL.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 24.11.2017

1. Apprehending arrest in connection with Crime No.96/2017 registered at Police Station- Marwahi, District - Bilaspur (C.G.), for offence punishable under Sections 294 and 506 of the Indian Penal Code and Sections 4, 5 of Tonahi Pratarana Adhiniyam, the applicant has preferred this application for grant of anticipatory bail.

2. It is submitted that applicant has been falsely implicated in this case. In the FIR there is no direct allegation against the applicant. Apart from that applicant is having a child of 3 months, her arrest in this case may put her in undue hardship because of which grant of anticipatory bail is prayed for.

3. Learned counsel for the State opposes the bail application and the submission made in this respect.

4. I have heard the learned counsel for the parties and perused the case diary.

5. Complainant - Mamta Paraste has lodged FIR against her husband, elder brother-in-law and sister-in-law stating that she was abused by all these persons who called her a witch and then have driven her out of their house.

6. Considering the submissions and contents of the case diary and looking to the facts and circumstances of this case, that the applicant is a woman and lactating mother, hence, the applicant should be benefited with grant of anticipatory bail.

7. Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, she shall be released on bail by the officer arresting her on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions : (i) that the applicant shall make herself available for interrogation before the investigating officer as and when required;

(ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; (iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial.

Sd /- (Rajendra Chandra Singh Samant) Judge Jamal