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2025 DAILYLAW 2764 (CHH)

PRAMILA VAISHNAV v. STATE OF CHHATTISGARH

MCRC/217/2025 · 2025-01-16

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:2958 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 217 of 2025 1 - Pramila Vaishnav W/o Narottam Yadav Aged About 60 Years R/o Village- Dodki, Police Station- Bilha, District- Bilaspur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Police Station- Bilha, District- Bilaspur (C.G) ... Respondent(s) For Petitioner(s) : Shri Alok Kumar Gupta, Advocate For Respondent(s) : Ms. Pragya Shrivastava, Dy.GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 16/01/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as she is in custody in connection with Crime No. 103/2024 registered at police station Bilha, District Bilaspur (CG) for the offence punishable under Sections 302/34 IPC. 2 2. As per prosecution case, on 04.04.2024, a report was lodged by one Prahlad Viashnav alleging that the applicant along with his brother- in-law Lala Vaishnav had committed the murder of the deceased who is the widow daugther-in-law of his uncle Balkrishna by assaulting with sa crow bar (sabbal) on her head over a dispute on construction of house. It is alleged that the weapon of offence was seized on the basis of her memorandum statement and thereafter she was arrested on -6.04.2024. 3. Learned counsel for the applicant submits that the main accused is Lala Vaishnav and that she has been falsely implicated in the crime in question. He submits that from the charge sheet, it is clear that the applicant had no intention to commit the murder and in a sudden provocation, Lala Vaishnav assaulted with the crow bar on the head of the deceased and the present applicant has no role in the commission of the said offence. He further submits that the charge sheet has been filed, the trial is likely to take some time, she is ready and willing to comply with any of the conditions which may be imposed upon her and thus, it is submitted that the application be allowed and the applicant be released on bail. 5. Learned counsel for the respondent/State, on the other hand, has opposes the bail application. 6. Heard counsel for the parties and perused the record. 8. On due consideration of the rival submissions and the fact that the applicant is in jail since 06.04.2024, the charge sheet has been filed and looking to the fact that there is no allegation against the applicant that she has assaulted the deceased and the final disposal of the trial is likely to take 3 sufficiently long time, the present application deserves to be allowed. Accordingly, her bail application is allowed. 9. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, she shall be released on bail for her appearance before the said Court as and when directed till the disposal of the trial Sd/- (Arvind Kumar Verma) Judge