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High Court Of ChhattisgarhMCRC/2181/2018allowed

Kachra Bai v. State Of Chhattisgarh

2018-05-11Hon'Ble Shri Justice Rajendra Chandra Singh Samant3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2181 of 2018 Kachra Bai W/o Dharam Aged About 45 Years R/o- Deputy Singhal Chamda Godam, Raigarh, Tahsil And District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through- District Magistrate, Raigarh, DistrictRaigarh, Chhattisgarh., District : Raigarh, Chhattisgarh. ---- Respondent For the Applicant :

Shri Ashish Gupta, Advocate.

For the Respondent/State :

Shri Aditya Sharma, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

11.05.2018 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.20 of 2017, registered at Police Station - Chakradhar Nagar, Raigarh, District Raigarh, Chhattisgarh for the offence punishable under Section 420/ 34 of the Indian Penal Code. 2.

Learned counsel for the applicant submits that the applicant is in jail since 23.12.2017 and has been falsely implicated in this case. The applicant is not the main accused according to the material present in the chargesheet. No case is made out against the applicant on the basis of the material placed before the Court by the prosecution. 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. It is submitted that according to the allegations she is the person who gave inducement and received the amounts from the complainant. Hence, no case is made out for grant of regular bail to the applicant.

4.

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

According to the prosecution case, this applicant and co-accused - Kishan Lal gave inducement to complainant - Rajendra Prasad Sarthi and others that they have acquaintance with one Siddharth Raot, who is capable of providing appointment to the posts of Record-Keeper and Ward-Boy in Medical College, Raigarh. Both of them were introduced to main accused - Siddarth Raot. Complainant and others had given Rs.10,54,000/- to the accused persons as gratification for getting the job. As the complainant and others could not get appointment as promised by the accused persons, the FIR has been lodged.

6.

Considered the entire material present in the case-diary. It appears that the applicant has no criminal antecedents and she is a local resident of District Raigarh, therefore, I am of the considered view that no purpose would be served if the applicant is kept in detention for the whole period of trial. Hence, this application deserves to be allowed. 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 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/- (Rajendra Chandra Singh Samant) Judge Nimmi