Sukmat v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 215 of 2017 • Sukmat W/o Bhoj Kumar, Aged About 28 Years R/o Bhatpur, Police Station Raigarh District Raigarh Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station Dabhra, District Janjgir Champa Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Mr. K.K. Dewangan, Advocate For Respondent/State :

Mr. Neeraj Jain, G.A.

-------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 25-01-2017

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 on 15-11-2016 in connection with Crime No. 365 of 2014, registered at Police Station Dabhra, District JanjgirChampa (CG) for the offence punishable under Sections 409, 420, 467, 468, 34 of IPC.

2. Case of the prosecution, in brief, is that on 2-11-2014 a report was made by Gram Panchayat, Malkharoda that the present applicant who was Secretary of Gram Panchayat Jharra on the basis of forged muster roll and wage slips had shown different development works and withdrew the amount along with other co-accused persons and it caused loss of Rs.21,98,000/- and thereby the aforesaid offence was committed.

3. Learned counsel appearing for the applicant was the Secretary of Gram Panchayat Jharra and muster rolls are being prepared by

Rojgar Sahayar and the amount is directly transferred to the bank account of different labourers and the applicant is not beneficiary. He would further submit that charge-sheet has been filed in this case, the applicant is a lady and she is in jail along with her two years old child since 15-11-2016 and no further investigation is required, therefore, she may be released on bail.

4. On the other hand, learned State counsel opposes the prayer for grant of bail.

5. I have heard learned counsel for the parties, perused the case diary and documents.

6. Taking into consideration the facts and circumstances of the case and further considering the evidence which appears to be documentary in nature and also the fact that the applicant is a lady, charge-sheet in this case has been filed and she is in jail since 1511-2016 along with her two years old child, I am inclined to release the applicant on bail.

7. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and 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. Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju