Smt. Sushila Jaiswal v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 86 of 2019 • Smt. Sushila Jaiswal W/o Suraji Lal Jaiswal, Aged About 55 Years, Caste Baniya, Occupation Teacher, R/o Village Premnagar, Police Station and Tehsil Premnagar, District Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Premnagar, District Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh ---- Non-applicant For Applicant - Shri Manish Sharma, Advocate. For Non-applicant/State - Shri Lav Sharma, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 23-01-2019 1.

Apprehending arrest in connection with Crime No.58/2018, registered at Police Station - Premnagar, District Surajpur, Chhattisgarh for offence punishable under Section 420, 467, 468, 471, 175 of the IPC, the applicant has preferred this application for grant of anticipatory bail. 2.

It is submitted by learned counsel for the applicant that this is second application of the applicant filed under Section 438 of the Cr.P.C. for grant of anticipatory bail. Earlier, the applicant was granted anticipatory bail by this Court in MCRCA No.1411/2018 by order dated 27-11-2018 after consideration on merits of the case. In the later development without there being any additional facts added in the investigation, offences under Section 467, 468, 471 and 175 of the IPC have also been added, because of which the applicant is again apprehending arrest. Therefore, it is prayed that the application may be allowed and the earlier order granting anticipatory bail to the applicant be extended to cover the relief in registration of the additional offences against her.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary.

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Earlier this applicant was granted anticipatory bail vide order of this Court as aforementioned. On perusal of the case diary, there does not appear to be any addition of evidence, hence, registration of additional offences is based on the same facts which have been considered earlier and the applicant was granted relief, therefore, I feel inclined to allow this application. 6.

Accordingly, the anticipatory bail application is allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid offences, she shall be released on bail by the officer arresting her on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions :

(i) that the applicant shall make herself available for interrogation before the investigating officer as and when required; (ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer;

(iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. 7.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil