Smt. Shanta Kuldeep v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4992 of 2020 ●Smt. Shanta Kuldeep, W/o Late Baldev Kuldeep, Aged about 44 years, R/o Opposite Brij Hardware, Main Road Ranitarai, Tahsil Patan, District Durg (C.G.) ---- Applicant

Versus

●State of Chhattisgarh, Through- Station House Officer, PS Ranitarai, Civil & Revenue District Durg (C.G.) ---- Respondent For Applicant : Mr. S.K. Agrawal, Advocate.

For Respondent/State : Ms. Sunita Jain, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 24/09/2020

1. The matter is heard through video conferencing.

2. 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. 86/2020 registered at Police Station- Ranitarai, Civil and Revenue District- Durg (C.G.) for the offence punishable under Sections 420, 34 of the Indian Penal Code, 1860.

3. The case of the prosecution in brief is that, the complainant Chunni Lal Sahu has given a written complaint that some unknown person has withdrawn the amount from his account from different-different bank ATM and after investigation, the police have lodged report against the present applicant.

4. 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 present applicant is 44 years lady and she has not committed the said offence. He also submits that the offence is triable by Judicial Magistrate First Class. He next submits that the applicant is in jail since 29.06.2020, there is no likelihood of his case being decided in

near future, therefore, the present applicant may be released on bail.

5. On the other hand, counsel for the State opposes the bail application and submits that the allegation against the applicant is of serious in nature; therefore, no case is made out for grant of bail.

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

7. Taking into consideration submission of learned counsel for the parties, nature of offence and further considering the fact that the offence is triable by Judicial Magistrate First Class, the applicant is in jail since 29.06.2020, 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 present applicant on bail. Accordingly, the bail application is allowed.

8. 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.

Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge Vasant