Smt. Mina Sidar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

1 609 of 201 Smt. Mina Sidar, Aged 39 years, W/o Lala Singh Sidar, Occupation Shiksha Karmi Grade-II, R/o Village Tohiladih, Tehsil & P.S. Sakti, District Janjgir-Champa (C.G.) ---- Applicant

Versus

State Of Chhattisgarh: Through District Magistrate Janjgir, District Janjgir Champa, P.S. Baradwar, District JanjgirChampa (C.G.) -----Non-applicant For Applicant:

Mr. Sumit Singh, Advocate.

For Non-applicant/State:Mr. Avinash Singh, PL Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 1 6 /0 3 /201 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing her on regular bail during trial in connection with Crime No. 75/2016 registered at Police Station Baradwar, District Janjgir-Champa (C.G.) for the offence punishable under Section 420 of the Indian Penal Code.

(2) Case of the prosecution, in brief, is that applicant with effect from 2.11.2014 onwards received 2,50,000/- from ₹ various complainants to secure employment for them and, thereby, committed the aforesaid offences.

(3) Learned counsel appearing for the applicant would submit that the story as projected by the prosecution is improbable as

the applicant has also made report to the police station prior to the date of FIR in this regard but no enquiry has been made by the police authorities and the applicant, being woman, has been arrested on 15.02.2016 and, therefore, the applicant may be released on bail.

(4) On the other hand, counsel for the State submits that the applicant has obtained 2,50,000/- from various complainants to ₹ secure them employment and therefore, the applicant is not entitled to be released on bail.

(5) I have heard learned counsel appearing for the parties and perused the case diary.

(6) Taking into consideration the facts & circumstances of the case; role of the applicant in the offence in question; and the manner in which the huge amount has been obtained by the applicant for securing job to the complainants; I am not inclined to release the applicant on bail. Thus, the bail application is rejected.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-