Smt. Saraswati Sinha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 662 of 2021 • Smt. Saraswati Sinha W/o Lt. Shyam Murari Sinha, Aged About 61 Years R/o Village Sadak Parsuli, Tahsil And District Gariyaband Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station Gariyaband, District Gariyaband Chhattisgarh. ---- Respondent For Applicant : Mr. Y. C. Sharma, Adv.

For Respondent/State : Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 11.06.2021

1. Heard.

2. Admit.

3. This application under Section 438 of the Code of Criminal Procedure has been filed by the applicant who is apprehending her arrest in connection with Crime No. 35/2020 registered at Police Station- Gariyaband, District Gariyaband (C.G.) for commission of the offence punishable under Section 420/34 of the IPC.

4. As per the prosecution case, the allegation against the present applicant is that she sold paddy showing same to be the yielded from her agricultural land whereas, in fact, she was growing vegetables and not paddy in her agricultural field.

5. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He further submits that she is a 61 years of lady and other co-accused persons have already been granted anticipatory bail by this Court, therefore, the present applicant may be granted anticipatory bail.

6. On the other hand, counsel for the State opposes the application

for anticipatory bail.

7. After hearing counsel for the parties and considering the facts and circumstances of the case, this Court is of the considered opinion that it is a fit case to grant anticipatory bail to the applicant. Accordingly, the application is allowed.

8. It is directed that in the event of arrest of the applicant in connection with aforesaid crime number, she shall be released on bail on her furnishing a personal bond in the sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the concerned arresting/ investigating ofÏcer or the Court concerned, as the case may be, with the following terms and conditions:

(i) that the applicant shall make herself available for interrogation before the concerned investigating ofÏcer as and when required.

(ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts or the case as to dissuade him/her from disclosing such facts to the Court or to any police ofÏcer; (iii) that the applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial.

Sd/- (Rajani Dubey) Judge V/-