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High Court Of ChhattisgarhMCRCA/969/2018allowed

Smt. Rameshvari Devi Sahu And ORS. v. State Of Chhattisgarh

2018-09-10Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MISC. CRIMINAL CASE (A) NO. 969 OF 2018

1. Smt. Rameshvari Devi Sahu W/o Shri Jhadiram Sahu Aged About 69 Years R/o Sankalp Apartment Lingiyadih, Police Station Sarkanda, Tahsil And District Bilaspur Chhattisgarh.

2. Smt. Chameli Sahu W/o Lalaram Sahu Aged About 50 Years R/o Old Basti Korba, Police Station Korba Tahsil And District Korba Chhattisgarh.

3. Smt. Sushila Sahu W/o Rajnish Sahu Aged About 41 Years R/o Rudravihar, Colony, Police Station Sarkanda, Tahsil And District Bilaspur Chhattisgarh.

-----Applicants

Versus

State of Chhattisgarh Through : Police Station Sarkanda, Bilaspur, District Bilaspur, Chhattisgarh.

---- Respondent For Applicants :

Shri SC Verma, Advocate.

For State :

Shri Arvind Dubey, Panel Lawyer.

For Objector :

Shri Pragalbha Sharma, Advocate.

HON'BLE SHRI JUSTICE P. SAM KOSHY ORDER ON BOARD 10/09/2018

1. The applicants have filed this application for grant of anticipatory bail as they are apprehending their arrest in connection with Crime No.408 of 2013 registered at Police Station Sarkanda, Distt. Bilaspur, for the offence punishable under Sections 420,467,468,120-B/34 IPC.

2. As per case of the prosecution, the present applicants have connived with the main accused Dani Ram Sahu in selling the property in dispute to one Sushila Sahu.

3. Learned counsel appearing for the applicants submits that the present applicants are all sisters of the main accused Dani Ram Sahu who has already been granted bail by this court in MCRC No.3553 of 2014 on 22.07.2014. There is no allegations whatsoever of any act or overt act on the part of the present applicants in the commission of the alleged offence. Therefore the applicants be released on bail.

4. The State Counsel opposes the bail application, however they were not in a position to clearly spell out the actual transaction, the act or any overt act on the part of the present applicants

5. Given the aforesaid facts and circumstances of the case, this court is of the opinion that a strong case is made out for grant of anticipatory bail. Accordingly, the application is allowed. It is directed that in the event of arrest, the applicants shall be released on bail on each of them furnishing a bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the officer arresting them and they shall abide by all the following terms and conditions:

1. That, the accused/applicants shall make themselves available for interrogation before the concerned Investigating Officer as and when required;

2. The accused/applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;

3. The accused/applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and

4. The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.

6. Certified copy, as per rules.

Sd/- (P. Sam Koshy) Judge inder