Usha Afley v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 284 of 2021 • Usha Afley, W/o Late Sanjay Afley, Aged About 50 Years, R/o R3, Bhartiya Nagar P.S. Civil Lines Tahsil & District Bilaspur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Civil Lines, District Bilaspur Chhattisgarh.

---- Respondent For Applicant : Shri Arvind Sinha, Adv.

For Respondent/State : Shri Vimlesh Bajpayee, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 24.06.2021

1. Heard.

2. This application under Section 438 of the Code of Criminal Procedure has been filed by the applicant who is apprehending her arrest in connection with Crime No. 118/2021 registered at Police Station- Civil Line, District Bilaspur (C.G.) for commission of the offence punishable under Sections 419, 420 of IPC.

3. Case of the prosecution is that, it has been alleged that present applicant asked for donations for the development of Ram Mandir Temple by using forged and fabricated receipt and after receiving the same, she deposited the same in her own account. Based on this, offence was registered against the present applicant.

4. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He further submits that the applicant has never deposited the donation amount in her personal bank account and the

applicant is aged about 50 years old, therefore, the present applicant may be granted anticipatory bail.

5. On the other hand, counsel for the State however opposes the application for anticipatory bail by submitting that applicant has transferred nearly 50,000/- in her bank account, therefore, no case is made out to release her on anticipatory bail.

6. After hearing counsel for the parties and considering the facts and circumstances of the case, in particular the applicant is aged about 50 years old, this Court is of the considered opinion that it is a fit case to grant anticipatory bail to the applicant. Accordingly, the application is allowed. It is directed that in the event of arrest of the applicant in connection with aforesaid crime number, she shall be released on bail on her furnishing a personal bond in the sum of Rs. 50,000/- with one local surety for the like sum to the satisfaction of the concerned arresting/ investigating officer or the Court concerned, as the case may be, with the following terms and conditions:

(i) that the applicant shall make herself available for interrogation before the concerned 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 or the case 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. Sd/- (Rajani Dubey) Judge Ruchi