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High Court Of ChhattisgarhMCRCA/169/2016dismissed

Smt. Sarita Bada v. State Of Chhattisgarh

2016-03-01Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. (A) No. 169 of 2016 Smt. Sarita Bada W/o. Gregroti Tigga, aged about 35 years, CasteUraon, R/o. Village- Satpata, P.S. Vishrampur, Tahsil and District Surajpur (C.G.) ---- Applicant

Versus

State of Chhattisgarh Through - the Station House Officer, Police Station - Surajpur, District Surajpur (C.G.) ---- Respondent For Applicant :- Mr. Keshav Gupta, Advocate For Respondent/State :- Mr. Anil S. Pandey, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 01/03/2016 1.

Apprehending in connection with Crime No 263/2015 registered at Police Station- Surajpur District Surajpur C.G.) for the offence punishable under section 420/34 of Indian Penal Code. The applicant has preferred this application for grant of anticipatory bail. 2.

As per the prosecution case, in brief, is that the applicant was appointed as Shikshakarmi Grade-3 in Janpad Panchayat, Surajpur in the year 2007. Subsequently, an enquiry was being made and it was found that the applicant has submitted scout guide and sport certificates and on the basis of which she was provided job and subsequently the said certificate were found to be forged. Thereby, the offence is registered. 3.

Counsel for the applicant submits that on 02.11.2014 an enquiry was conducted by the Collector, as whole and sole wherein this applicant has also appeared and stated that she has not submitted any forged scout

guide and sport certificates, apart from it the applicant was selected on her own merit. He further submits that the FIR is delayed by more than 7 years, therefore, the counsel submits that considering the delay in lodging the FIR, the applicant may be given the benefit of anticipatory bail. 4.

Per contra, State counsel opposes the prayer for grant of bail and would submit that according to the case diary, the applicant herself submitted the documents which were certified by the Officers. Consequently, it can not be stated the document were not deposited by the applicant. He further submits that the charge sheet has been filed in this case and the applicant is absconding, therefore, the applicant should not be given the benefit of anticipatory bail. 5.

Perused the case diary and the documents which shows that the applicant had deposited the scout guide certificate and sport certificate which was found to be forged and on the basis of forged documents she procured the employment. Taking into such evidence and the fact that charge sheet has been filed in this case and the applicant is still absconding, therefore, I am not inclined to grant anticipatory bail to the applicant.

5.

Accordingly, the anticipatory bail application is dismissed Sd/- (Goutam Bhaduri) JUDGE Santosh