Allowed

Sakunti Subal v. State of Chhattisgarh

Chhattisgarh HC13 Jul 2022MCRC/4494/2022

Case brief

AI extract

What is this about?

In a bail application filed under Section 439 CrPC by three women accused of theft, the Chhattisgarh High Court granted bail, considering the nature of the offence, the applicants' status as women detained since May 2022, and the likelihood of a delayed trial.

What did the court decide?

Directing the accused/applicants to be released on bail upon executing a personal bond of Rs. 50,000 each with one local surety in a like sum and appearing before the trial court on all dates.

Sakunti Subal Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 4494 of 2022

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Sakunti Subal W/o Vinod Subal Aged About 40 Years R/o Railway Station Over Bridge, Gajara Chowk, Thana Kota, Tahsil Kota, District Bilaspur, Chhattisgarh.

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Sapna Devi W/o Palbabu Aged About 28 Years R/o Railway Station Over Bridge, Gajara Chowk, Thana Kota, Tahsil Kota, District Bilaspur, Chhattisgarh.

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Sudh Devi W/o Naveen Khairvar, Aged About 30 Years R/o Railway Station Over Bridge, Gajara Chowk, Thana Kota, Tahsil Kota, District Bilaspur, Chhattisgarh.

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---- Applicants

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	Versus
State of Chhattisgarh, Bilaspur, Chhattisgarh.	Through: Police Station Kota District- ---- Respondent
For Applicants	: Mr. Rajendra Kumar Patel, Adv.
For Respondent/State	: Mr. Sudhir Sahu, P.L.

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Hon'ble Smt. Justice Rajani Dubey

Order on Board

13/07 /2022

Heard.

The accused/applicants have moved this first bail application under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 359/2022 registered at Police Station-Kota District - Bilaspur (C.G.) for the offence punishable under Sections 380, 34 of the IPC.

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The prosecution story, in brief, is that on 28.04.2022 complainant Anita Shriwas lodged a report in the police station to the effect that her daughter Pooja Shriwas told her that three women, along with two children, were sitting at the door of the house to beg, when she was in the room. When She went, a woman entered another room of the house and

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came out with a bag from inside the house, then when she shouted the thief, the three women and both the children ran away, hearing her voice, some people also came. Two pieces of silver bangles of the child, one piece of gold ornament and cash of Rs. 600/- have been stolen by the accused persons from their house. Based on this, the offence has been registered against the present applicants.

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Learned counsel for the applicant submits that the applicants are innocent and have been falsely implicated in the crime in question. He further submits that the present applicants are women aged about 40, 30 and 28 years and they are in jail since 01.05.2022, there is no likelihood of their case being decided in near future, therefore, the present applicants may be released on bail.

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On the other hand, counsel for the State opposes the bail application and submits that there is another case of theft also pending against the applicants, therefore, they may not be enlarged on bail.

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I have heard learned counsel for the parties and perused the case diary.

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Taking into consideration the nature and gravity of the offence, the facts and circumstances of the case and further considering the facts that the applicants are women and they are in jail since 01.05.2022, and 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 applicants on bail. Accordingly, the application is allowed.

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Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 50,000/each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court.

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Sd/- (Rajani Dubey) Judge

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H.L. Sahu

Sakunti Subal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sakunti Subal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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