Deeksha Gajbhiye v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3300 of 2020 • Deeksha Gajbhiye, D/o Yuvraj Gajbhiye, Aged About 32 Years, R/o Smriti Nagar, Bhilai, District- Durg (C.G.). ---- Applicant

Versus

• State of Chhattisgarh, Through- Station House Officer, Police Station- Kotwali, District- Rajnandgaon (C.G.). ---- Respondent For Applicant : Mr. Aditya Bhardwaj, Adv.

For Respondent/State : Mr. H. S. Ahluwalia, Dy. A.G.

Hon'ble Smt. Justice Rajani Dubey Order on Board 23.06.2020

1. Heard on admission.

2. Admit.

3. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing her on regular bail during trial in connection with Crime No. 34/2020 registered at Police Station- Kotwali, District- Rajnandgaon (C.G.) for the offence punishable under Sections 420, 34 of I.P.C.

4. The prosecution story, in brief is that, on 17.01.2020, the applicant and other co-accused went to jewellery shop of complainant and take mortgage a sum of Rs. 5,00,000/- on giving the security of jewellery. Complainant tried to contact the applicant and co-accused but they did not response. On verification, complainant found that golden ornaments which were given by the applicant and co-accused, were duplicate. Based on this, offence has been registered against the present applicant and she has been taken into custody.

5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the charge-sheet has been filed and other co-accused has been granted bail in MCRC No. 2263/2020 vide order dated 17.06.2020 by this Hon'ble Court. The applicant is in jail since 27.02.2020, there is no likelihood of her case being decided in near future, therefore, the present applicant may be released on bail.

6. On the other hand, counsel for the State opposes the bail application with submission that there are four antecedents have been registered against the present applicant. It is submitted that the allegation against her is of serious in nature, therefore, no case is made out for grant of bail.

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

8. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the charge-sheet has been filed and other co-accused has been granted bail in MCRC No. 2263/2020 vide order dated 17.06.2020 by this Hon'ble Court. The applicant is in jail since 27.02.2020, and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

9. Accused/applicant is directed to be released on bail on her executing a personal bond in the sum of Rs. 50,000/-, with one local surety in the like sum to the satisfaction of the trial Court. She is directed to appear before the trial Court on each and every date given to her by the said Court.

10.It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnished in view of the order passed by the High Power committee constituted in compliance of the order of the Supreme Court of India dated 23.03.2020 in the matter of In Re: Contagion of COVID 19 Virus in Prisons (Suo Moto Writ Petition (c) No. 1/2020), she need not furnish bail bonds afresh and the bail bonds already

furnished shall be deemed to be the bail bonds furnished in compliance of the order of this Court, but if she has not furnished the bail bonds earlier, then she will be required to furnish bail bonds within four weeks from today.

11.Certified copy, as per rule.

Sd/- (Rajani Dubey) Judge Ruchi