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High Court Of ChhattisgarhMCRCA/1052/2019allowed

Smt. Lily Pushplata Beck v. State Of Chhattisgarh

2020-07-14Hon'Ble Shri Justice Prashant Kumar Mishra4 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1052 of 2019 • Smt. Lily Pushplata Beck W/o Late Shri I. Beck Aged About 46 Years Posted As Sub-Registrar, Office Of District Registrar, Durg, Presently Posted As Sub-Registrar Office Of District Registrar Rajnandgaon, District Rajnandgaon, R/o Vijeta Complex, New Rajendra Nagar, Raipur, District Raipur Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Anti Curruption Bureau Raipur Chhattisgarh.

---- Respondent

1. Devendra Sonwane S/o Tirith Ram Sonwane Aged About 29 Years, R/o House No. C-101, Khamriya, Near Yugchetana Public School, Junwani, Moti Lal Nehru Nagar, Bhilai, District Durg C.G.

2. Himanshu Yadav S/o Vindhyachal Yadav Aged About 25 Years R/o Block No.31-F, Street No.5, Sector-2, Ward No.39, Bhilai, District Durg Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh Through Anti Corruption Bureau, Raipur, District Raipur Chhattisgarh.

---- Respondent

For Applicant in MCrCA No.1052/2019 :-Mr. Ishan Verma,Advocate For Applicants in MCrCA No.1155/2019:-Mr. Raghvendra Pradhan, Advocate For Respondent-State :-Mr. K.K. Singh, G.A.

For Objector :-Mr. P.R. Patankar, Advocate Proceedings through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 14/07/2020

1. The aforesaid MCrCs are being disposed of by this common order as they are arising out of Crime No.04/2018.

MCrCA No.1052/2019

2. The applicant has preferred this application for grant of anticipatory bail, as she apprehends her arrest in connection with Crime No.04/2018, registered at Police Station Anti Corruption Bureau, Raipur C.G. for offences punishable under Sections 13(1) b and 13(2) Prevention of Corruption Act, 1988.

MCrCA No.1155/2019

3. The applicants have preferred this application for grant of anticipatory bail, as they apprehend their arrest in connection with Crime No.04/2018, registered in Police Station Anti Corruption Bureau, Raipur C.G. for offence under Sections 7, 13(1) & 13(2) of Prevention of Corruption Act, 1988.

4. Applicant in MCrCA No.1052/2019 - Smt. Lily Pushplata Beck was working as the Sub-Registrar whereas applicants in MCrCA No.1155/2019 - Devendra Sonwane and Himanshu Yadav are the purchasers of the subject property which was allegedly purchased by them by paying deficit stamp duty. It is alleged that the applicants have caused financial loss to the State Government to the tune of ₹ 6,78,500/- and thus committed offence under the provisions of the Prevention of Corruption Act, 1988.

5. Learned State counsel and counsel for the objector would vehemently oppose the prayer for grant of anticipatory bail.

6. Admittedly, the bail applications were filed in the month of June/July, 2019. At that time the charge sheet was already filed by the concerned Police. After about 9 months, this Court allowed interim relief to the applicants on 23.03.2020. Moreover, interim relief has already been allowed in favour of applicant - Smt. Lily Pushplata Beck in WPCR No.548/2019.

7. Considering the fact the applicants are enjoying interim relief in both the proceedings and further considering that applicant - Smt. Lily Pushplata Beck is a government servant as also considering that the charge sheet has already been filed, there appears no need of any custodial interrogation, this Court is inclined to grant anticipatory bail to the applicants.

8. Accordingly, both the applications are allowed and it is directed that in the event of arrest of the applicants, they shall be released on

anticipatory bail on each of them executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:- (i)they shall make themselves available for interrogation by a police officer as and when required;

(ii)they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) the applicants shall not influence the witnesses during pendency of the trial.

SD/- (Prashant Kumar Mishra) Judge Ayushi