Dharamjeet Singh @ Musau And Another v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3929 of 2018 1.
Dharamjeet Singh @ Musau S/o Ishwar Devsingh, aged about 40 years, 2.
Smt. Anju Singh W/o Dharamjeet Singh, aged about 37 years, Both R/o Pachpadwa, District Gadhwa, presently residing at Haldibadi, Pankha Dafai, Chirmiri, District- Korea (C.G.). --- Applicants
Versus
State of Chhattisgarh, Through- Station House Officer, Police of Police Station Chirmiri, District- Korea (C.G.).
---- Respondent For Applicants :
Mr. Anil Gulati, Advocate For Respondent :
Mr. Satish Gupta, Govt. Advocate Hon'ble Shri Justice Arvind Singh Chandel Order on Board 25/06/2018 1.
Mr. Anil Gulati, learned counsel appearing on behalf of the applicants, submits that he does not want to press this application on behalf of applicant No.1.
2.
Therefore, this MCRC filed on behalf of applicant No. 1 is dismissed as not pressed.
3.
Applicant No. 2 has preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as she is arrested in connection with Crime No. 324/2017 registered at Police StationChirmiri, District- Korea (C.G.) for the offence punishable under Sections 420, 506-B, 467, 468, 471, 384 read with 34 of IPC. 4.
As per prosecution story complainant- Ramratan lodged a report alleging that in the land of complainant, encroached by some unknown
persons, applicant No.1 demanded a sum of Rs. 2,00,000/- for removing the encroachment of the land of the complainant. The complainant borrowed sum of Rs. 2,00,000/- from one Pradeep Saluja and some blank cheques were given by him to Pradeep Saluja as a security of the borrowed amount. When the complainant returned the entire money to Pradeep Saluja, he did not return the cheques. It is alleged that the cheques were given to applicant No. 1, Dharamjeet Singh by the Pradeep Saluja. Subsequently, Dharamjeet Singh filled the amount in the blank chques and withdrew sum of Rs. 17 to 18 lakhs from the account of the complainant and transferred the amount to the account of his wife, applicant No.2, Anju Singh. It is further alleged that Anju Singh withdrew the said amount. On the basis of the said report, offence was registered. Both the applicants were arrested on 21/11/2017 and since then they are in custody 5.
Learned counsel appearing on behalf of the applicant No. 2 submits that as per allegations, the main accused is applicant No.1Dharamjeet Singh, husband of applicant No.2. He further submits that applicant No. 2 is the wife of Dharamjeet Singh and has been falsely implicated in the present case. Entire amount has been deposited by Dharamjeet Singh in the account of applicant No.2 and applicant No. 1 after obtaining the sign of applicant No. 2 on withdrawal form, withdrew the entire amount. He further submits that applicant No.2 is a lady and is in custody since 21/11/2017. The charge-sheet has been filed, therefore, she may be released on bail.
6.
Per contra, learned counsel appearing on behalf of the State opposes the bail application.
7.
I have heard learned counsel for both the parties.
8.
Considering the above facts and circumstances of the case, particularly that Dharamjeet Singh is the main accused, applicant No. 2 is the wife of applicant No.1, she is a lady and in custody since 21/11/2017, and the allegation is only against her that she withdrew the amount from her account, without further commenting on merit of the case, I am inclined to release the applicant No.2 on bail. 9.
Accordingly, the bail application is allowed. 10.
It is directed that the applicant No. 2 shall be released on bail on executing a personal bond for a sum of Rs. 50,000/- with one surety for the like amount to the satisfaction of the trial Court. Thereafter, she will appear before the Trial Court on each and every date given by the said Court.
Sd/- Judge Arvind Singh Chandel Rahul