Mamta Thakur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5109 of 2020 • Mamta Thakur D/o Sukhdev Thakur, aged about 29 years, R/o Rajeev Gandhi Chowk, Jarhabhata, Tehsil and District Bilaspur (C.G.) ---- Petitioner

Versus

• State Of Chhattisgarh Through- Station House OfÏcer, Police Station Torwa, District Bilaspur (C.G.).

---- Respondent For Applicant :

Shri Prasoon Agrawal, Advocate For Respondent :

Shri Rahul Jha, G.A.

Hon'ble Smt Justice Rajani Dubey Order on Board 17/09/2020 1.

The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as she is arrested in connection with Crime No.06/2013, registered at Police Station - Torwa, District Bilaspur (C.G.) for the offence punishable under Sections 420, 34, 471. 467 and 474 IPC.

2.

The allegation against the present applicant is that she took Rs.1,50,000/- each from Amit Thakur and Prashant Tiwari on the pretext of providing job as Ward Boy in the Health Department and also gave them forged appointment letter. Based on this, offence has been registered. The applicant has been taken into custody on 09.07.2020.

3.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the entire amount has been paid to the complainants by the applicant and other co-accused persons have already been released on regular bail by this Hon'ble Court in MCRC Nos.3884/2013 and 4382/2016, therefore, the

present applicant, who is in jail since 09.07.2020, may also be released on bail.

4.

On the other hand, learned counsel for the State opposed the bail application.

5.

I have heard learned counsel for the parties and perused the record.

6.

Considering the totality of the facts and circumstances of the case, nature of offence and further considering the fact that the other co-accused persons have already been released on regular bail, I am of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 7.

Accordingly, the application is allowed. The applicant is ordered to be released on bail on her executing a personal bond for a sum of Rs.50,000/- with one solvent surety for the like amount to the satisfaction of the trial Court for her appearance before the said Court as and when directed till the disposal of the trial.

Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge Pekde