Chattisgarh High Court
Smt. Sunita Bai Panika And Anr vs State Of Chhattisgarh 28 ... on 20 April, 2018
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 1486 of 2018
1. Smt. Sunita Bai Panika W/o Ramu Panika @ Laddu @ Raju Aged About 30
Years
2. Smt. Shanti Bai Wd/o Late Rajaram Panika Aged About 30 Years
Both are R/o- Parasgadhi, Police Station Manendragarh, District- Korea,
Chhattisgarh
---- Applicants
Versus
• State of Chhattisgarh Through- Station House Officer, Police of Police
Station Manendragarh, District- Korea, Chhattisgarh
---- Respondent
For Applicants : Shri Samir Singh, Advocate For Respondent-State : Shri S.K. Mishra, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 20/04/2018
1. This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants in connection with Crime No.117/2016 registered at Police Station Manendragarh, District Korea (CG) for the offence punishable under Sections 302, 201 r/w section 34 IPC and Section 3 (2) (5) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act.
2. As per the prosecution case, one Ramu Panika committed murder of his wife Basanti and with the help of the present applicants and others threw the dead body at other place to make disappearance of the evidence. The incident happened in the year 2014 and the FIR was lodged in 2016 and on 2 the basis of the memorandum statement the applicants have been arrested.
3. Learned counsel for the applicant submits that no evidence is available against the present applicants and the incident is of the year 2014. He would further submit that the similarly placed co-accused has been enlarged on bail in M.Cr.C. No.5414/2016, therefore, the present applicants may also be released on bail.
4. Learned State counsel do not dispute the fact that the similarly placed co- accused has been enlarged on bail.
5. Considering the facts of this case, nature of offence that only the allegation of disappearance of evidence is attributed to the present applicants, I am inclined to release the applicants on bail.
6. Accordingly, the application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one 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 by the said Court.
Sd/-
Goutam Bhaduri Judge Ashu