Bachan Bai @ Pramila Kurre v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1673 of 2018

1. Smt. Gitanjali Kariyare W/o Shri Vijendra Kariyare, Aged About 30 Years, R/o- Masturi, P.S.- Masturi, Tahsil- Masturi, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer P.S.- Masturi, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Non-applicant MCRC No. 1674 of 2018

1. Smt. Meena Kurre W/o Shri Kamal Kishore Kurre, Aged About 40 Years, Caste- Satnami, R/o- Masturi, P.S.- Masturi, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chattisgarh Through- Station House Officer P.S.- Masturi, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Non-applicant MCRC No. 1741 of 2018

1. Bachan Bai @ Pramila Kurre W/o Raj Kapur Kurre, Aged About 45 Years, R/o Old Basti, P. S. Masutri, Tahsil Masturi, Dist. Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Masutri, Dist. Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Non-applicant For Applicants - Shri V.C. Ottalwar and Shri Ishwar Jaiswal, Advocates. For Non-applicant/State - Shri Anupam Dubey, Deputy Govt. Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 07-05-2018 1.

As all these three applications arise out the same crime number, i.e, Crime No. 09/2018 registered at Police Station Masturi, District Bilaspur, C.G. for the offences under Section 420, 467, 468, 471, 34 of the IPC, they are being decided by this common order.

2.

Heard on the applications filed under Section 439 of the Cr.P.C. These

are first bail applications before this Court filed by the applicants for grant of regular bail. The applicants have been arrested on 08-01-2018 in connection with aforesaid crime number and offences.

3.

It is submitted on behalf of the applicants in that the applicants have been falsely implicated in this case. They are in jail since 08-01-2018. No case is made out against them. Charge sheet has been filed after completion of the investigation. Hence, it is prayed that these applicants may be granted regular bail.

4.

Learned counsel for the State/non-applicant opposes the applications. 5.

Heard learned counsel for the parties and perused the case diary. 6.

In the year 2008 a self help group by name Safura Mata Bachat Mahila Samuh was constituted by complainant Ranjita Khare, in which, Soniya Kariyare was the President. A bank account was opened in UCO Bank and after some transactions of loan, the account was closed after repayment was made and the activities of the said self help group was also stopped. On 31-102017 Soniya Kariyare, the then President of said self help group received a notice from UCO bank demanding the repayment of loan of Rs.5,00,000/- and on enquiring, it was found that applicant Gitanjali Kariyare (applicant in MCRC No.1673/2018) has replaced herself as President of the self help group and with the assistance of applicant Meena Kurre (applicant in MCRC No.1674/2018) and applicant Bachan Bai (applicant in MCRC No.1741/2018) had withdrawn a loan of Rs.5,00,000/- from the bank in a fraudulent manner. Hence, a complaint was made by complainant Ranjita Khare on 08-01-2018 and on that basis the FIR has been lodged. Charge sheet has been filed after completion of the investigation.

7.

It appears that these applicants have no criminal antecedents. No purpose would be served if these applicants are kept in detention till conclusion

-3of the trial. Hence, for these reasons, this Court is of the view that the applications filed by the applicants for grant of regular bail deserve to be allowed.

8.

Consequently, all these three applications filed by the applicants under Section 439 of the Cr.P.C. for grant of regular bail are hereby allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned Court, for their appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil