PREM BAI AND OTHERS vs STATE OF CHHATTISGARH

1 MCRCA No.

19 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No.

19 of 2021 1.

Prem Bai, W/o Premlal, aged 50 years, 2.

Kirtan Bai, W/o Gopal Prasad, aged about 50 years, 3.

Fuleashwari @ Fulbai, W/o Vishaliram, aged 34 years, 4.

Sumrika, W/o Puniram, aged 48 years, 5.

Santoshi, W/o Krishna Kumar, aged 45 years, 6.

Radha Bai, W/o Baratulal, aged 40 years, 7.

Seema, W/o Balram, aged 32 years, 8.

Uma Bai, W/o Faguram, aged 28 years, 9.

Kirtan Bai, W/o Hemsai, aged 50 years, All are resident of Village Dongri Kathapali, Police Station Baloda, District Janjgir Champa (CG) ---- Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station Baloda, District Janjgir Champa Chhattisgarh ---- Non-Applicant For Applicant : Shri Sumit Singh, Advocate.

For Non-Applicant : Shri Ayaz Naved, Govt.

Advocate.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 02/03/2021 : 1.

The applicants have preferred this application for grant of anticipatory bail as they apprehend their arrest in connection with Crime No.141/2020, registered at Police Station Baloda, District Janjgir Champa for offence punishable under Sections 436, 294, 506, 323 and 452/34 of the IPC.

2.

In a quarrel between the two groups in the village, the applicants 2 MCRCA No.

19 of 2021 along with male members of their family have allegedly set on fire the houses belonging to the complainant party.

3.

It is argued that on account of dispute concerning construction over the Government land, a quarrel took place but no incident concerning setting ablaze the house had taken place.

It is also argued that an exaggerated story has been prepared regarding commission of offence under Sections 436 and 452 of the IPC and further that these applicants are not named in the FIR, yet they have been involved subsequently through diary statements.

It is further argued that similarly placed woman accused namely, Ramin Bai has been allowed anticipatory bail in MCRCA No.924/2020 (Annexure-A/3).

4. e-A/3).

4.

Considering that the applicants are not named in the FIR and Ramin Bai has already been enlarged on anticipatory bail in MCRCA No.924/2020, I am inclined to extend the benefit of anticipatory bail to the applicants.

5.

Accordingly, the application is allowed and it is directed that in the event of arrest of the applicants, they shall be released on anticipatory bail on each of them executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:- (i) they shall not influence the witnesses during trial. (ii) they shall make themselves available for interrogation by a police officer as and when required; (iii) they 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 from disclosing such facts to the Court or to any police officer.

Sd/- Judge (Prashant Kumar Mishra) Barve