Tulsa Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC(A) No. 1108 of 2015 Tulsa Bai wife of Shri Mukesh Kurre, aged about 35 years, resident of village Binouri, P.S. Masturi, District Bilaspur (C.G). --- Applicant

Versus

State of Chhattisgarh, through the Station House Officer, P.S. Masturi, District Bilaspur (C.G).

--- Respondent For the applicant :

Mrs. Meena Shastri, Advocate.

For the Respondent :

Mr. Rama Kant Mishra, Dy. A.G.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 19.11.2015

1. Apprehending arrest in connection with Crime No.200/2015 registered at Police Station Masturi, District Bilaspur (C.G) for the offences punishable under Sections 419, 420, 467, 468, 471 & 120-B of IPC, the applicant has filed this application under Section 438 Cr.P.C., for grant of anticipatory bail.

2. As per the prosecution case, the husband of applicant Mukesh Kurre opened account in the name of Dukhni Bai and all the revenue documents of Dukhni Bai were presented. It is alleged that while processing the loan document, the said Mukesh Kurre affixed the photographs of his wife Tulsa Bai, the applicant, in the loan documents and falsely personified her as Dukhni Bai and by such false personification, a loan of Rs.1,03,000/- was obtained. Subsequently when the matter came to the notice that Dukni Bai is someone else and not Tulsa Bai, the case hasbeen registered and the matter is investigated.

3. Learned counsel for the applicant submits that the entire acts have been done by the husband and she has not signed any document. It is further contended that the applicant being a household lady, she is

not in know of the fact that some fraud has been committed by the husband. He further submits that the applicant being a lady and has four years child, she may be released on anticipatory bail.

4. Per contra, learned State Counsel opposes the prayer for grant of bail.

5. Considering the fact that the applicant is a lady having four years child and that the entire allegations are on the husband of the applicant namely Mukesh Kurre and further looking to the contents of case diary, I am inclined to enlarge the applicant on anticipatory bail.

6. Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, she will be released on bail by the officer arresting her on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the officer arresting her or the concerned Investigating Officer. The applicant shall also abide by the following conditions :- (i) that she will make herself available for interrogation before the investigating officer as and when required; (ii) that she will 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/her from disclosing such facts to the Court or any police officer;

(iii) that she will not act in any manner which will be prejudicial to fair and expeditious trial; and (iv) the she will appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao