Priti Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7080 of 2019 • Priti Tiwari D/o Shri Ramakant Tiwari Aged About 29 Years R/o Jhimar Kalri, Police Station Rajnagar, District Anuppur, Madhya Pradesh. Present Address Sarvoday Harmony, House No. 105, St. Xavier School Road , Avanti Vihar,p.S. Telibhandha, Raipur District Raipur Chhattisgarh.....(In Jail), ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Pandari , Raipur District Raipur Chhattisgarh ...(Non Applicant), ---- Respondent For Applicant :

Mr. Rajat Agrawal, Advocate.

For Respondent :

Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 07/11/2019 • The matter was listed for Ad-Interim Bail.

• With the consent of both the parties, the matter is heard finally.

• 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. 365/2019 registered at Police Station - Pandari, Raipur District Raipur (C.G.) for the offence punishable under Section 384/34 of IPC.

• The prosecution story in brief is that the present applicant allured the complainant and made a physical relationship with him. Thereafter, she started blackmailing her for money by threatening him made their video and photographs viral. Thereafter, offence has been registered against the applicant

and she was arrest on 28.09.2019.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that applicant is jail since 08.04.2019, and she is suffering from Ingermittent Thrombocytopenic Purpura with Iron Deficiency anaemia, which requires a doctor consult at regular interval of time. There is no previous antecedent against her, 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 and perused the case diary.

• Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, looking to the jail report of the applicant and further considering the that fact that the offence is triable by Judicial Magistrate First Class 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. 50,000/- 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