Smt. Kamla Bai Gilhare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5439 of 2018 Smt. Kamla Bai Gilhare, aged about 65 years W/o Late Barsan Gilhare, Occupation- Labour R/o Village- Bhatgaon Near Mana Basti, Raipur, Distt. Raipur (C.G.) Mobile No. 896598574, Aadhar No. 5426 2919 4022 --- Applicant

Versus

State of Chhattisgarh, Through : Police Station- Mujgaha, District- Raipur (C.G.).

---- Respondent For Applicant :

Mr. C.R. Sahu, Advocate For Respondent :

Mr. Neeraj K. Sharma, Dy. Govt. Advocate Hon'ble Shri Justice Arvind Singh Chandel Order on Board 20/08/2018 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. 29/2017 registered at Police Station- Mujgahan, Distt. Raipur (C.G.) for the offence punishable under Sections 419, 420, 467, 468 & 471 of the IPC.

2.

As per prosecution story, complainant- Fatkan Bai lodged a report on 14/02/2017 stating that the present applicant along with other co-accused persons have cheated and made false registry of the land bearing Khasra No. 388/2 area 0.259 acres. It was further alleged that the present applicant put her thump impression in place of the complainant at Registrar Office. The applicant was arrested on 14/05/2018.

3.

Learned counsel appearing on behalf of the applicant submits that there was a civil dispute between Fatkhan Bai and brothers of the applicant since last 40 years due to which, the presnt applicant has been falsely implicated in the present case. He further submits that the applicant is 65 years old lady, she is in custody since 14/05/2018, charge-sheet has been filed and the trial is likely to take some time to conclude, 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 the applicant is 65 years old lady, charge-sheet has already been filed, the applicant is in custody since 14/05/2018 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/- (Arvind Singh Chandel) Judge Rahul