Single judge allowed an application for anticipatory bail, directing the petitioner to surrender and file a regular bail application on merits, considering the victim's statement and acquitted co-accused.
Petitioner directed to surrender and apply for regular bail; concerned Court to decide merits considering victim statement and acquittal.
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HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
MCRCA No. 139 of 2019
Smt. Tabbasum Nisha W/o Abdul Gani Aged About 31 Years R/o Navapara, Post Udari, District : Surguja (Ambikapur), Chhattisgarh --- Petitioner
Versus
State of Chhattisgarh through the Station House Officer, District Magirtrate, Ambikapur , District : Surguja (Ambikapur), Chhattisgarh --- Respondent
| 08.02.2019 | Mr. Sakti Raj Sinha, counsel for the petitioner. No |
|---|---|
| R a o | Mr. Ravi Bhagat, Dy.G.A., for the State. This is second bail application filed u/s 438 of the Code of Criminal Procedure. The first bail application was dismissed on 04.04.2016. Learned counsel for the applicant submits that after the husband namely Afroz and his mother were arrested, she had to leave the place and she had not absconded. He further submits that the statement of prosecutrix at Para 2 would show that she has completely exonerated the applicant and the other accused have also been acquitted. Perused the statement of victim at Para-2. Considering such statement of victim I am of the opinion that the applicant, if so advised, may surrender and move regular bail application before the concerned Court. In the event of such an application being filed, the concerned Court may decide the same on merits, as early as possible, preferably on the same day taking into consideration the facts and circumstances of the case especially the statement of victim and judgment of acquittal of other accused. Sd/- GOUTAM BHADURI JUDGE |
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC.
1 provisions across 1 enactments
Smt. Tabbasum Nisha W/o Abdul Gani
State of Chhattisgarh through the Station House Officer, District Magistrate, Ambikapur
GOUTAM BHADURI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
