Firtin Bai Ratre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6703 of 2020 Firtin Bai Ratre W/o Padman Lal Aged About 50 Years R/o Charpara, Police Station Malkharoda, District Janjgir Champa, Chhattisgarh, --- Applicant

Versus

State of Chhattisgarh through the District Magistrate, Janjgir, District Janjgir Champa, Chhattisgarh, ---- Respondent For the applicant : Mr. Ishwar Jaiswal, Advocate.

For the Respondent : Mr. Gagan Tiwari, Dy. Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board .03.2021

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 88/2020 registered at Police Station Malkharoda, Distt. Janjgir Champa (C.G) for the offences punishable under Sections 420, 409, 188/34 of IPC and Section 3 of Mahamari Adhiniyam and Section 53 of Disaster Act, 2005 and Section 3 & 7 of the Essential Commodities Act.

2. As per the prosecution case, the applicant along with other accused has embezzled/misappropriated food grains meant for distribution to general public through fair price shop during COVID-19 pandemic period. The total embezzled quantity is 391.5 quintal rice, 5.97 quintal sugar & 11.46 quintals of salt amounting to Rs.13,19,452.59 paise.

3. Learned counsel for the applicant submits that the other accused Ratan Miri and Padman Lal have been enlarged on bail by the coordinate Bench of this Court in M.Cr.C.No.8386 of 2020 and M.Cr.C.No.8557 of 2020, a copy of the common order passed therein

on 18.02.2021 is placed before this Court. Learned counsel submits that the case of the present applicant is also similar to that of other accused, therefore, she may be released on bail.

4. Per contra, learned State Counsel opposes the bail application. However, he does not dispute the fact that other similarly placed accused have been granted bail by this Court.

5. Considering the fact that the applicant is a lady and is in jail since 10.04.2020 as also the fact that similarly placed accused have been enlarged on bail by the coordinate Bench of this Court, I am inclined to release the applicant on bail.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on her executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for appearance before the said Court as and when directed.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao