Smt. Savitri Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7279 of 2019 • Smt. Savitri Bai W/o Bhagirathi Aged About 45 Years Resident Of Village Mulmula, Police Station Mulmula, Tahsil - Pamgarh, District Janjgir Champa Chhattisgarh....(In Jail).

---Applicant

Versus

• State of Chhattisgarh Through Station House Officer Police Station Mulmula District Janjgir Champa Chhattisgarh. ---- Respondent For Applicant :

Ms. Nirupama Bajpai, Advocate.

For Respondent :

Ms. Akshara Amit, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 07.01.2020 • 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. 174/2019 registered at Police Station - Mulmula, District Janjgir-Champa (C.G.) for the offence punishable under Sections 294, 307, 34 of IPC.

• The prosecution story in brief is that, on 23.09.2019, due to the dispute regarding water drainage, the present applicant and other co-accused persons have abused the complainant/injured Vijay Manhar and inflicted injury on him with the help of knife. On the basis of that, after investigation, offence has been registered against the applicant and she has been arrested.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. She further submits that main allegation is against other coaccused persons she only caught hold of the hand of

complainant/injured. She next submits that applicant is a 45 years old lady and she is in jail since 24.09.2019, therefore, the present appellant 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, further considering the that fact that applicant is a 45 years old lady and the main allegation is against other co-accused persons, as 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