Saroj Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3168 of 2015 • Saroj Patel, wife of Shri Anuj Patel, aged about 30 years, occupation House-wife, r/o. Rajanawagaon, Police Station Bhoramdev, District Kabirdham (CG), Civil & Revenue District Kabirdham. ---- Applicant

Versus

• State Of Chhattisgarh Through: the Station House In-charge, Police Station Bhoramdev, District Kabirdham (CG).

---- Respondent For Applicant :

Mr. Sandeep Shrivastava, Advocate.

For Respondent/State :

Mr. Siddharth Rathore, Dy. Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 15/7/2015 1.

The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail, who has been arrested on 16-6-2015 in connection with Crime No. 77 of 2014 registered at Police Station Bhoramdev, District Kabirdham (CG), for the offence punishable under Sections 420, 467, 466, 471, 120-B, 201/34 of IPC and Section 9 of the Essential Commodities Act.

2.

The case of the prosecution, in brief, is that the present applicant in the capacity of Sarpanch of Gram Panchayat Rajanawagbaon, attested the ration cards of Bisni Bai and Sughan Bai whereas at the relevant time Sughan Bai had already died and Vishnu Bai was not residing in the house since long and thereby she committed the aforesaid offence. 3.

Learned counsel appearing for the applicant would submit that the applicant has not committed any offence and she has been falsely implicated in the case. He would further submit that charge-sheet has been filed, she is in jail since 16-6-2015 and no useful purpose would be served by detaining her in jail. He would further submit that co-accused persons have already been granted bail vide order dated 19-1-2015

passed by this court in M.Cr.C.No.13 of 2015, therefore, on the ground of parity, present applicant may also be released on bail. 4.

On the other hand, learned counsel for the State opposes the bail application .

5.

I have heard the counsel appearing for the parties and perused the case diary.

6. Taking into consideration all the facts and circumstances of the case, nature and gravity of the offence, charge-sheet has been filed and pre-trial detention of the applicant, role of the present applicant and further taking into consideration the co-accused persons have already been granted bail by this court, I am of the considered opinion that prima facie it is a fit case where the applicant can be released on bail.

7. Accordingly, the application is allowed. It is ordered that the applicant shall be released on bail on her furnishing a personal bond of Rs.25,000/- along with one surety of the like amount to the satisfaction of the trial Court. She shall appear before the trial court on each and every date given to her by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge Raju