Savitri Nishad v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 4503 of 2016

1. Savitri Nishad, D/o. Tibhuram Nishad, aged about 30 years, R/o. Village- Mainpur, Tahsil - Mainpur, Post Office & Police Station - Mainpur, District - Gariyaband (C.G.) ----Applicant

Versus

1. State of Chhattisgarh, Through : the Station House Officer, Police Station- Mainpur, District - Gariyaband (Chhattisgarh) ---- Respondent For Applicant : Mr. Shivendu Pandya, Advocate For Respondent/State : Mr. Anupam Dubey, Dy.G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 17/08/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.08/2012, registered at Police Station - Mainpur, District - Gariyaband (C.G.) for the offence punishable under Section 420, 467, 468, 471, 120(B)/34 of the Indian Penal Code.

2.

Case of the prosecution, in brief, is that in the year 2008, in the recruitment process the applicant submitted forged certificate of sports/Kabaddi and got the job of Shikshakarmi Grade-III. Thereby the offence has been committed.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and in the year 2012 she herself left the job by submitting resignation letter and the charge-sheet in

Page No.2 this case has been filed and she is in jail since 27.06.2016, therefore, she may be enlarged on bail.

4.

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

5.

I have heard learned counsel appearing for the parties. 6.

Considering the totality of the facts and circumstances of the case, especially the fact that the charge-sheet in this case has been filed and all the evidence available in this case is documentary in nature and further taking into consideration that the applicant is in jail since 27.06.2016, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

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

9.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram