Digeshwary Devdas v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3338 of 2016 Digeshwary Devdas, W/o. Shree Motiram, Aged About 32 Years, R/o. Village- Boreed, Police Station- Tumgaon, Mahasamund, District (Revenue & Civil) - Mahasamund, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, Police StationArang, District Raipur, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Yogesh Pandey, Advocate For Respondent :

Mr. Satish Gupta, Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 25.07.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.161/2016 registered at Police Station- Arang, District Raipur (C.G.) for the offence punishable under Section 420, 467, 471, 34, 120-B of Indian Penal Code.

2.

Case of the prosecution, in brief, is that the applicant obtained agricultural loan from the Dena Bank to the extent of Rs.61,000/- in the year 2013 and while it was not repaid, the properties were investigated and it was found that on the forged documents, loan has been obtained.

3.

Learned counsel for the applicant would submit that the applicant is a lady and infact in her name loan was obtained and no offence has been committed as entire allegations have been attributed to one Kamlesh Kumar. He further submits that considering the evidence

and the fact that the applicant is in jail since 26.04.2016, he may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary, documents and the statements. Considering the facts and circumstances of this case, nature of offence and degree of allegation and taking into fact that the evidence is documentary in nature and the applicant is a lady, who is in jail since 26.04.2016, I am inclined to release the applicant on bail.

6.

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

7.

It is directed that the applicant shall be released on bail on her 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/- (Goutam Bhaduri) Judge Ashok