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High Court Of ChhattisgarhMCRC/1699/2018allowed

Meera Bai @ Bhuri Bai Sahu v. State Of Chhattisgarh

2018-04-24Hon'Ble Shri Justice Rajendra Chandra Singh Samant3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 1699 of 2018 Meera Bai @ Bhuri Bai Sahu D/o Chhedu Ram Sahu Aged About 28 Years R/o- Village Pawni, P.S. Bilaigarh, District- Baloda Bazar- Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through- The Police Station Bilaigarh, District- Baloda Bazar-Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh.

---- Respondent For the Applicant :

Shri Rakesh Thakur, Advocate.

For the Respondent/State :

Shri Sanjeev Pandey, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

24.04.2018 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.408 of 2017, registered at Police Station Bilaigarh, District - Baloda Bazar, Bhatapara, Chhattisgarh for the offence punishable under Sections 420, 467, 468 and 471/ 34 of the Indian Penal Code.

2.

Learned counsel for the applicant submits that the applicant is in jail since 21.11.2017 and has been falsely implicated in this case. After completion of investigation, the charge-sheet has been filed. The case is triable by the Judicial Magistrate First Class and the trial of the case is likely

to take some time for its conclusion. Hence, it is prayed that the applicant be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.

Heard counsel for both the parties and perused the case diary. 5.

According to the prosecution case, complainant - Peen Bai had filed a written complaint to the police alleging that this applicant alongwith co-accused persons had forged the marriage certificates of some persons and on that basis, applications were filed in the labour department to withdraw the amount under the scheme in Kanya Vivah Yojna but the applicant and the co-accused persons have failed in this attempt. After lodging of FIR, the case has been registered against the applicant. 6.

Considering the submissions made and the contents of the case diary and the nature of the case and also the fact that there is no likelihood of her absconsion during the pendency of trial against the applicant, I am of the considered view that in this case the applicant deserves to be enlarged on bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to

the satisfaction of the concerned trial Court, for her appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi