Smt. Hemlata Baghel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 1996 of 2019 Smt. Hemlata Baghel, W/o. Roshan Baghel, Aged About 47 Years, R/o. Village- Gorsiyan, Police Station- Bango, Katghora, District- Korba, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through : Station House Officer, Police Station- City Kotwali, Balodabazar, District- Balodabazar-Bhatapara, Chhattisgarh. ---- Respondent For Applicant : Mr. Malay Shrivastava, Advocate For State/respondent : Mrs. Madhunisha Singh, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 15/04/2019 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.149/2018, registered at Police Station - City Kotwali, Balodabazar, District - Balodabazar - Bhatapara (C.G.), for the offence punishable under Section 420, 34 of the Indian Penal Code.

2.

It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. The applicant is in jail since 12.01.2019. She is not at all involved in the offence that is alleged to have been committed. Therefore, it is prayed that the applicant may be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect. .

4.

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

5.

According to the FIR lodged, co-accused Roshan Baghel gave inducement to the complainant Chandra Kumar Tandon that he has influences and he can get complainant appointed to the post of Shikshakarmi. Thereafter, he received Rs.2,60,000/- by way of illegal gratification at the time when the money was handed over to the main accused, this applicant was also present there. Hence, this case. 6.

Considered on the submissions made and the contents of the case diary. Considering on the entire material present in the case and looking to the nature of allegation against this applicant and for the reason that she is a woman and there is no further requirement of any custodial interrogation, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram