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2009 DIGILAW 42 (CHH)

PORABAI v. STATE OF C. G.

2009-02-06

DHIRENDRA MISHRA

body2009
ORDER Heard. This is the 2nd bail application on behalf of the applicant. Her earlier bail application has been rejected by this Court on merits vide order dated 12th September, 2008 passed in M.Cr.C. No. 1566/08. The applicant has preferred this application for grant of bail as she is arrested in connection with crime number 91/08, registered in Police Station - Bamnihdih, District - Janjgir-Champa for the offence punishable under Sections 420, 467, 468,471, 120-B read with Section 34 of the IPC and Section 4 of the Chhattisgarh Recognized Examination Act. Learned counsel for the applicant submits that the applicant is a young lady of25 years. Her earlier application was rejected by this Court considering the nature of allegation, as also considering the fact that the investigation is incomplete, charge sheet has not been filed and co-accused persons are still absconding. However, since then, charge sheet has been filed and all, the accused persons, except one, connected with the offence have been arrested. He further submits that even after two months of filing of charge sheet, charges have not been framed and in all 31 witnesses are to be examined during trial and disposal of the trial may take some time. Applicant is injail since 25.8.2008 and as such she is injail since more than 5 months. All the offences are triable by the Magistrate 1st Classs and except the offence under Section 467 of the IPC, all other offences are punishable with the maximum jail sentence of 7 years. On the other hand, learned counsel for the State has opposed the bail application. Having heard learned counsel for the parties, having regard to the fact that applicant is young lady of 25 years, charge sheet has also been filed, all the accused persons, except one, have been arrested and the disposal of trial may take some time, the application is allowed. It is directed that in the event of applicant-Porabai executing a personal bond for a sum of Rs. 25,000/- with two sureties for the like amount to the satisfaction of the trial Court concerned, she shall be released on bail. She is directed to appear before the trial Court on each and every date given to her by the said Court, till final disposal of the trial. Application Allowed.