High Court Of ChhattisgarhMCRC/4215/2019allowed

Smt. Seema Dewangan v. State Of Chhattisgarh

2019-07-29Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4215 of 2019 • Smt. Seema Dewangan W/o Purnendra Dewangan Aged About 37 Years R/o Village Rampur Tahsil Kasdol, District Baloda Bazar Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer Basantpur, District Rajnandgaon Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicant : Mr. Basant Dewangan, Advocate.

For Respondent/State : Mr. Alok Nigam, G.A.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 29/07/2019

1. The applicant has preferred this second bail application under Section 439 of Cr.P.C. for grant of regular bail as she is arrested in connection with crime No. 404/2017, registered at Police Station - Basantpur, District- Rajnandgaon (C.G.) for the offence punishable under Section 420/34 of the IPC and Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005 Rule 2015.

2. First bail was dismissed as withdrawn with liberty to file a fresh after three months vide order dated 25.02.2019 passed in MCRC No. 8811/2018.

3. In this case there are total three accused persons. As per the prosecution story, the Appellant along with other co-accused persons created a company by the name of Subh Sai Devcon Company. Allegedly they were fabricated a scheme and allured the investors to fund their capital and their fund will be doubled within the time span of five years. Before completion of said period, they fled away after

closing their office. The police report has been made by complainant Sohan Kumar Sahu. On the basis of said report, offence has been registered. During course of investigation, the applicant has been arrested on 27.02.2018.

4. Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant is in custody since 27.02.2018 and charge-sheet of the case has already been filed on 13.03.2018, but till date no charges have been made by the Trial Court, therefore, trial is likely to take some time. Therefore, the applicant may be released on bail.

5. Per contra, learned counsel appearing on behalf of State opposes the bail application.

6. I have heard learned Counsel for both the parties.

7. Considering the facts and circumstances of the case and evidence collected by the prosecution, further considering the fact that the applicant is in custody since 27.02.2018 and charge-sheet of the case has already been filed and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant on bail.

8. Accordingly, the bail application is allowed.

9. 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 local solvent surety for the like sum to the satisfaction of the Trial Court for her appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Judge Shubham