Smt. Marry Dubey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5333 of 2018 Smt. Marry Dubey W/o Late Ghanshyam Prasad Dubey, aged about 64 years R/o. Shivaji Park, Vidhansabha Road, Raipur (C.G.) Mob: 9039888146. --- Applicant

Versus

State of Chhattisgarh, Through the Police Station: Vidhansabha, Raipur (C.G.). ---- Respondent For Applicant :

Mr. N. Naha Roy, Advocate For Respondent :

Mr. Neeraj K. Sharma, Dy. Govt. Advocate Hon'ble Shri Justice Arvind Singh Chandel Order on Board 21/08/2018 1.

The applicant has preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 44/2018 registered at Police StationVidhansabha, Raipur (C.G.) for the offence punishable under Sections 420, 467, 468, 471/34 of the IPC.

2.

As per prosecution story, complainant- Smt. Shakuntla Shukla filed a complaint alleging that the son of the applicant namely- Chiranjeev Dubey committed fraud with her by taking Rs. 3,00,000/- on 24/05/2016 by giving assurance for appointment in Mantralaya and subsequently on getting unsuccessful, the applicant gave her a cheque for returning the money of a bank which was closed. On the basis of said report, offence was registered and the applicant was taken into custody on 04/02/2018.

3.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the alleged act of the forgery was done by the son of the applicant. There is no evidence on record on the basis of which any offence is made out against the present applicant. He further submits that the applicant is a lady, she is in custody since 04/02/2018, charge-sheet has been filed and the trial will likely to take some time, therefore, the applicant may be released on bail. 4.

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

5.

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

Considering the above facts and circumstances of the case, particularly that charge-sheet has already been filed, the applicant is in custody since 04/02/2018 and the trial will likely to take some time, without further commenting on merit of the case, I am inclined to release the applicant on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one surety for the like amount to the satisfaction of the trial Court. Thereafter, he will appear before the Trial Court on each and every date given by the said Court. Sd/- Judge Arvind Singh Chandel Rahul