Sonamani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 798 of 2021 • Sonamani, D/o Late Amresh, aged about 36 Years, Caste- Uraon, Occupation- Service in S.E.C.L., R/o Village- Jarahi, P.S. and Bhatgaon, Tahsil- Pratappur, Distt.- Surajpur (Chhattisgarh). ----Applicant

Versus

• State of Chhattisgarh, Through- the Police Station- Chandoura, Distt.- Surajpur (Chhattisgarh).

----Non-applicant For Applicant Mr. A.N. Pandey, Advocate.

For State Dr. (Ms.) Veena Nair, Deputy A.G.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 03/03/2021

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. as she has been arrested in connection with Crime No.47/2020 registered at Police Station Chandoura, District Surajpur, C.G. for the offence punishable under Sections 419, 420, 120(B), 467, 468 & 471 of Indian Penal Code.

2. Case of the prosecution, in brief, is that the applicant along with co-accused persons committed the offence of cheating, fraud, forgery and impersonation with an intent to grab the land of the ownership of complainant Bifiya Bai.

3. Learned counsel for the applicant submits that applicant is an

innocent person and has been falsely implicated in this case. The applicant is in jail since 08.11.2020, conclusion of trial is likely to take some time and that co-accused persons namely Rajani Kant Thakur & Anand Yadav in this case have already been granted regular bail by the co-ordinate Bench of this Court vide order dated 07.12.2020 passed in MCRC No.6844 of 2020 and co-accused namely Janki Bai has already been granted regular bail by the trial Court and, therefore, the applicant be released on bail on the ground of parity.

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

5. Considering the facts and circumstances of the case, the nature of allegations against the applicant, further considering the detention period of the applicant, charge sheet has already been filed, the fact that the applicant has no criminal antecedent and that co-accused persons namely Rajani Kant Thakur & Anand Yadav in this case have already been granted regular bail by the co-ordinate Bench of this Court and co-accused Janki Bai has already been granted regular bail by the trial Court and there is no likelihood of the applicant tampering with the evidence or absconding as admitted by both the counsel and conclusion of trial may take some time, without expressing any opinion on the merits of the case, this Court is of the opinion that present is a fit case for grant of bail to the applicant. Accordingly, the application is allowed. It is directed that in the event of applicant's furnishing a personal bond in the sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, she shall be released on

bail on the following conditions:- (i) she 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 from disclosing such fact to the Court, (ii) she shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) she shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. (iv) she shall not involve herself in any offence of similar nature in future.

Sd/- Gautam Chourdiya Judge Akhilesh