Shanti Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 490 of 2017 • Shanti Bai W/o Rajkumar Aged About 52 Years Caste Satnami R/o Village Kaudiya, Police Station Palari, District Baloda Bazar Bhatapara Chhattisgarh --- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Kasdol, District Baloda Bazaar Bhatapara Chhattisgarh - Respondent For the applicant :

Mr. Yogesh Chandra, Advocate For the Respondent :

Mr. Neeraj Jain, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 15.02.2017

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. 173 of 2016 registered at P.S. Kasdol, Distt. Balodabazar - Bhatapara (C.G) for the offence punishable under Sections 120-B, 419, 420/34, 467, 468 & 471 of IPC.

2. As per the prosecution case, a report was made by Chandrika Bai Patel that co-accused Chandrika Bai Verma in connivance with other accused had sold the land to the applicant in the year 2011 which was held in the joint possession of family and instead of Chandrika Bai Patel, Chandrika Bai Verma was projected in her place as seller. Applicant Shanti Bai is purchaser of the said property and on the report being made by complainant Chandrika Bai Patel, the offence was registered.

3. Learned counsel for the applicant would submit that the applicant has purchased the property after payment of sale

consideration and she has not committed any offence, therefore, the applicant may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary and the documents. It appears that the applicant is purchaser of the land in question and the evidence available in this case appears to be documentary in nature. Taking into the nature of evidence and fact that the applicant is purchaser of the property and further considering the fact that the charge sheet has been filed; no further investigation is necessary and looking to the period of detention of the applicant, I am inclined to allow this bail application.

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

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o