HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No.6692 of 2015

Smt. Asha Vishwakarma, wife of Shri Suryanarayan Vishwakarma, aged

about 22 years, resident of Mangludipa, Raigarh, Tahsil and District Raigarh

(C.G) – Permanent Address : Panchvati Nagar, Mova, Raipur, P.S. Pandri,

District Raipur (C.G).

… Applicant

Vs.

State of Chhattisgarh, through Station House Officer, P.S.

Chakardharnagar, Raipur (C.G).

…

Respondent

For the applicant

:

Mr. Ratan Pusty, Advocate.

For the Respondent

:

Mr. Anant Bajpai, Panel Advocate.

Hon'ble Shri Justice Goutam Bhaduri

Order on Board

07.12.2015

1. This is an application filed u/s 439 of the Code of Criminal Procedure

seeking granting of regular bail to the applicant in connection with

Crime No. 179/2015 registered at Police station Chakradharnagar,

Distt. Raigarh (C.G) for the offences punishable under sections 457,

380 & 414 IPC.

2. As per the prosecution case, a theft was committed in the house

wherein some gold and silver ornaments were stolen for which a

report was made. The incident took place on 29.5.2015.

Subsequently, during investigation it is found that the applicant sold

the goods or kept or kept the same under pawn and therefore the

offence is committed.

3. Learned counsel for the applicant submits that on memorandum of

the applicant, nothing has been seized but in the said memorandum it

has been stated that the ornaments have been sold or pawned. He

further submits that the charge sheet in this case has been filed and

the applicant is in jail since 12.09.2015, therefore, she may be

enlarged on bail.

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

bail.

5. Taking into the nature of allegations and considering the gravity of

offence as also the fact that the charge sheet in this case has been

filed and the applicant is a lady aged about 22 years and looking to

her period of her detention, I am inclined to release the applicant on

regular bail.

6. Accordingly, this bail petition is allowed and the applicant is directed

to be released on bail on her furnishing a personal bond in sum of

Rs.25,000/- with one surety in the like sum to the satisfaction of the

trial Court. She will appear before the trial Court as and when

directed by the said Court.

7. Cc as per rules.

Sd/-

GOUTAM BHADURI

JUDGE

Rao