Smt. Pratima Singh v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1556 of 2020 • Smt. Pratima Singh W/o Rakesh Singh Aged About 25 Years R/o House No. 212, Chudi Line, Shankarpara, Supela, Bhilai, Police Station Supela, District Durg Chhattisgarh.
---- Applicant
Versus
• State of Chhattisgarh Through Station House Officer, Police Station Supela, District Durg Chhattisgarh.
---- Respondent -------------------------------------------------------------------------------------------- For Applicant :
Mr. B.P. Singh, Advocate For Respondent/State :
Mr. Sameer Sharma, Govt. Advocate -------------------------------------------------------------------------------------------- Hon'ble Smt. Justice Rajani Dubey Order on Board 04.06.2020
1. The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for her release on regular bail during trial in connection with Crime No.1205/2019, registered at Police Station - Supela, District- Durg (C.G.) for the offence punishable under Section 420 of IPC.
2. It is the case of the prosecution that applicant is president of Women Self Help Group and she obtained loan from different banks in the name of other women and fled away. Based on this, offence has been registered. The present applicant is in custody since 09.12.2019.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that the applicant is having minor children and due to her pretrial detention, her minor children are facing great difÏculties. As the applicant is in custody since 09.12.2019, charge sheet has been filed and
the trial is likely to take some time for its final disposal, therefore, he may be released on bail.
4. On the other hand, counsel for the State opposes the bail application.
5. I have heard learned counsel for the parties and perused the record.
6. Considering the facts and circumstances of the case, in particular the nature of offence and further considering the fact that the applicant is in jail since 09.12.2019, charge sheet has been filed and there is no likelihood of her case being decided in near future, without further commenting on merits of the case, I am of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.
7. Accordingly, the application filed under Section 439 Cr.P.C. is allowed.
8. It is directed that the applicant shall be released on bail on her furnishing a personal bond in sum of Rs.50,000/- with one local surety in like sum to the satisfaction of the concerned trial Court for her appearance before the said Court as and when directed, till the disposal of the trial.
9. It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnished in view of the order passed by the High Power Committee constituted in compliance of the order of the Supreme Court of India dated 23.3.2020 in the matter of In Re : Contagion of COVID 19 Virus in Prisons (Suo Moto
Writ Petition (C) No. 1/2020), she need not furnish bail bond afresh and the bail bond already furnished shall be deemed to be the bail bond furnished in compliance of the order of this Court, but if she has not furnished the bail bond earlier, then she will be required to furnish bail bond within four weeks from today.
10.Certified copy, as per rules.
Sd/- (Rajani Dubey) Judge Nadim