Smt. Poonam Agrawal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2163 of 2019 • Smt. Poonam Agrawal W/o Shri Nikhil Kumar Singh Aged About 31 Years R/o B - 5 Priyadarshini Nagar, Police Station Civil Lines, Bilaspur District Bilaspur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Rajendra Nagar, Raipur, District Raipur Chhattisgarh. ---- Respondent ________________________________________________________ For Applicant : Shri R.S. Marhas and Shri Dhiraj Kumar Wankhede, Advocates For Respondent/State : Shri Alok Nigam, G.A.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 03/05/2019

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as she is arrested in connection with crime No. 307/2018, registered at Police Station-Rajendra Nagar, District- Raipur (C.G.) for the offence punishable under Sections 489 A, 489 C, 489 D, 489 E r/w Section 34 of the IPC.

2. As per prosecution story, on 02.12.2018, on the basis of information received from an informant, police officials raided in the house of the applicant i.e. situated at Amlidih, Raipur (C.G.). Allegedly, at that time the applicant was present there along with her husband namely Nikhil Kumar Singh. It is further alleged that on being searched, police officials seized fake Indian currency

notes of Rs. 2,000/- & Rs. 500/- which have been printed on A 4 size colour paper total amounting to Rs. 60,25,000/- from the possession of the applicant and also sized fake currency notes of Rs. 2,000/- total amounting to Rs. 5 Crore, one laptop, colour printer, paper cutter, laptop charger and one mobile phone of apple company from the possession of co-accused Nikhil Kumar Singh and they were arrested on 02.12.2018 itself.

3. Learned Counsel appearing on behalf of the applicant submits that the Applicant is innocent and has been falsely implicated in the case. They further submit that the alleged fake currency notes have not been seized from the absolute possession of the applicant, the whole story made by the police is false and fabricated. They further submit that there are so many CC TV cameras installed on the said premises and on the basis of said CC TV cameras, police officials have visited in the house of the applicant and co-accused at the night of 01.12.2018 and they have not seized any article on that night. Thereafter, on 02.12.2018, police officials made false entries and prepared a false case against the applicant. They further submit that the applicant is the resident of Bilaspur (C.G.) and one day before the incident, she has gone to Raipur (C.G.) in his husband's house. The applicant is a lady and she is in custody since 02.12.2018, charge-sheet has already been filed and trial is likely to take some time. Therefore, she may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties and perused the case diary with due care.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the

fact that the applicant is a lady and she is in custody since 02.12.2018, the main accused is Nikhil Kumar Singh, chargesheet has already been filed and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 25,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for her appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Shubham