Order On Board

01/02/2024

1. At the outset, learned counsel for applicants seeks permission of this Court to withdraw bail application of applicant No.1, 2 & 4 with liberty to file repeat application for grant of regular bail to on behalf of these applicants at appropriate stage.

2. Accordingly, this bail application so far as it relates to applicant Nos.1, 2 & 4, is dismissed as withdrawn with liberty as prayed for.

3. This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of applicant No.3 Kumari Bai for grant of regular bail to her as she is in custody in connection with Crime No. 410/2023 registered at Police Station Champa District Janjgir-Champa(CG) for the offence punishable under Sections 307, 294, 506, 323, 34 of the Indian Penal Code.

4. Case of the prosecution, in brief, is that on 16.8.2023 the injured Sukhchand along with others came to Champa. Near Railway Station they found son Chandramani and daughter-in-law, who complained that the Shiv Das Mahant, Supervisor of Champion Siramix Company, Champa assaulted Chandramani after getting this information he along with others went to Champion Siramix, Champa and met the Supervisor and stated that as to why he assaulted his son Chandramani. If any damage or loss is caused by him, he would have intimated him and so that he could paid the said account. Upon which, the applicant Kumari Bai along with other three accused persons have assaulted Sukhchand and Prem Kumar by means of wooden stick(Batta), due to which Sukhchand suffered grievous injuries and became unconscious. Incident was reported to the concerned police- station. Based upon which, aforementioned crime was registered against the applicant.

5. Learned counsel for applicant No.3 Kumari Bai submits that applicant is innocent and she has been falsely implicated in this case, being a relative of the other co-accused persons and present on the spot. She has not participated in any manner in the incident. She was arrested on 26.8.2023. After completion of investigation, charge-sheet has been filed. There is no criminal antecedent against the applicant. Applicant is in jail since 26.8.2023, hence, she may be enlarged on regular bail.

6. On the other hand, the learned counsel for the State opposes the submission of learned counsel for the applicants. Allegation of assault is against all the other co-accused person, however, he does not dispute the submission of counsel for applicant that date of arrest of applicant is 26.8.2023.

7. I have heard learned counsel for the parties.

8. Taking into consideration facts and circumstances of case, nature of allegation, date of arrest, applicant is a woman and in jail since 26.8.2023, without commenting anything on merits of case, I feel inclined to allow this bail application and release the applicant Kumari Bai on bail.

9. Accordingly, bail application is allowed and it is directed that applicant Kumari Bai shall be released on bail, on her furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of trial Court concerned on the conditions that;

• applicant shall appear before the trial Court concerned regularly on each & every date unless exempted from appearance.

• applicant shall not, in any manner, tamper with the prosecution witnesses.

• If applicant is found involved in similar offence in future, it will be open for the State to apply for cancellation of bail.

Certified copy as per rules.