Himani Singh Thakur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3877 of 2019 Himani Singh Thakur, D/o Shri Digpal Singh Thakur, Aged About 33 Years R/o D-293 Annapurna Vihar Colony Darri, Tahsil Katghora, Korba, District : Korba, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Of Police Station Balconagar Korba, District : Korba, Chhattisgarh ---- Respondent For Applicant.

:

Shri Ashutosh Shukla, Advocate.

For Objector :

Shri Suresh Tandon, Advocate.

For Respondent/State :

Shri Wasim Miyan, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 29/07/2019 1.

The applicant has filed 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.159/2019 registered at Police Station : Balconagar, Korba, District - Korba (C.G.) for the offence punishable under Section 420/34 of the IPC.

2.

The prosecution story in brief is that the present applicant who was running a Shehzadi Boutique shop took a loan of Rs.2,00,000/- from the complainant Pitambar Sahu which she was to repay with 10% monthly interest till 2017. The applicant paid the EMI till 2017. Thereafter, the complainant Pitambar Sahu again started asking for another Rs.3,00,000/- from the present applicant and also gave warning that if the said amount is not paid, the applicant and her father would

be implicated in a false case.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submitted that the other co-accused Digpal Singh Thakur has been benefited with grant of bail in MCRC No. 3476/2019 by this Court therefore, she may be released on bail.

4.

On the other hand, State counsel opposes 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 and further considering the fact that other co-accused Digpal Singh Thakur in MCRC No.3476/2019 has been benefited with grant of bail by this Court, I am inclined to release the applicant on bail.

7.

Accordingly, the application is allowed.

8.

It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 25,000/- with one surety for the like amount to the satisfaction of the Trial Court for her appearance before the Trial Court as and when directed.

Sd/- (Rajani Dubey) yasmin Judge