Smt. Roshni Tiwari v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7237 of 2015 Smt. Roshni Tiwari W/o Raju Tiwari Aged About 45 Years R/o Munshi Ismail Ward Bhatapara, P.S. Bhatapara, Distt. Baloda Bazar Bhatapara, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through S.H.O., Rajim, District Gariyaband, Chhattisgarh.

---- Respondent For applicant -Shri Hemant Gupta, Advocate.

For Respondent/State - Shri Ramakant Mishra, Dy.A.G. Hon'ble Shri Justice Goutam Bhaduri Order 22/12/2015 1.

This is second bail application under Section 439 of Cr.P.C. The earlier bail application was rejected on 24/02/2014 vide M.Cr.C. No.777/2014.

2.

The applicant has preferred this application for grant of bail as she is arrested in connection with Crime No. 84/13 registered in Police Station Rajim, District-Gariyaband (C.G.) for offence punishable under section 420, 34 of I.P.C. & Section 5 & 7 of Inami Chit and Dhan Prichalan Scheme Adhiniyam 1978.

3.

Learned counsel for the applicant submits that charge sheet has been filed. He further submits that there is delay has been caused in completing evidence within period of 60 days as per provisions of Section 437 (6) of Cr.P.C. He further submits that as per provisions of 437 (6) of Cr.P.C. applicant being lady, she may be enlarged on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 6.

Considering the fact that earlier bail application was dismissed on 24/02/2014 on merits. Further considering the way the organized offence was committed wherein down trodden people have been defrauded, if the

applicant is enlarged on bail there will be chances of tampering of the evidence, considering balancing the status of victim and status of the applicant. In the circumstances I do not find any change of circumstances for entertaining this second bail application. 7.

Accordingly, the second bail application is dismissed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri