Smt. Anju Bairagi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.1157 of 2017 • Smt. Anju Bairagi W/o Shri Suresh Das Panika, Aged About 50 Years R/o Quarter No. H- 24/7, Civil Lines, Durg Tahsil And District Durg, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Police Station Koni, District- Bilaspur, Chhattisgarh.

---- Respondent For Applicant : Shri Arun Kochar, Advocate For Respondent/State : Shri Ashok Swarnkar, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 15.5.2017 Heard the matter finally.

2.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.90/2014 registered in Police Station Koni, Distt. Bilaspur for the offence punishable under Sections 420, 467, 468, 471, 472 of the Indian Penal Code. 3.

Learned counsel for the applicant submits that the applicant has been arrested on 04.01.2017, after investigation charge sheet has been filed against the applicant along with two other coaccused persons, which is pending before Judicial Magistrate First Class, Bilaspur as Criminal Case No.801/2014. Co-accused Suresh Das was granted bail in M.Cr.C. No.996/2017 vide order

dated 07.4.2017 after his custody since 14.6.2014 and another co-accused Narad Tiwari was granted bail vide order dated 13.10.2015 in M.Cr.C. No.5276/2015 after his detention for more than one year and four months. Learned counsel for the applicant submits that case of the all the accused persons are same and as other co-accused persons have already been enlarged on bail by this Court, the applicant may also be granted bail. The applicant is a woman, a Govt. servant, she will not commit any offence in future, hence her bail application may be allowed. 4.

Per contra, learned counsel for the State opposes the bail application filed on behalf of the applicant. 5.

Perused the entire material.

6.

On due consideration of the period of detention of other two co-accused persons, it appears that case of the present applicant is not in parity with other two co-accused persons. Also the bail granted to Narad Tiwari firstly on the ground of delay when the said applicant travelled up to Hon'ble Apex Court for his release and ultimately on account of delay in trial and also the long detention period , he was granted bail in the matter. After perusal of the entire material that the applicant along with two other accused persons on account of false promise of providing service to the complainant and others and also issued false and fabricated order of appointment and cheated money of Rs. Rs.24,87,000/-, I am not inclined to grant bail to the applicant.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is hereby dismissed.

Sd/- (Chandra Bhushan Bajpai) JUDGE Bini