Bechu Prasd Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 903 of 2017 • Rakhi Gupta ( Sahu ) D/o Bechu Gupta, Aged About 26 Years W/o Brijesh Sahu, Caste Teli Mayka, R/o Village Gudlu, Police Station Bagicha, District Jashpur Chhattisgarh, At Present R/o Mohalla Badkapara, Ward No. 18, Nagar Surajpur Police Station Surajpur, District Surajpur Chhattisgarh --- Applicant

Versus

• State of Chhattisgarh through Station House Officer, Police Station Bagicha, District Jashpur Chhattisgarh --- Respondent MCRC No. 1137 of 2017 • Bechu Prasd Gupta S/o Late Kailash Sao Gupta Aged About 60 Years Caste Teli, R/o House No. 89, Ward No. 7, Gudlu, Police Station Bagicha, District Jashpur, Chhattisgarh. --- Applicant

Versus

• State of Chhattisgarh through Station House Officer, Police Station Bagicha, District Jashpur, Chhattisgarh. --- Respondent For the applicants : Mr. D. N. Prajapati, Advocate For the Respondent : Mr. Ashish Shukla, Govt. Advocate Hon'ble Shri Justice GOUTAM BHADURI Order on Board .02.2017

1. These are two bail applications filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicants Rakhi Gupta and Bechu Prasad Gupta in connection with Crime No. 09/2017 registered at Police Station Bagicha, Distt. Jashpur (C.G) for the offence punishable under Sections 420, 468 & 471 of IPC. Since both these applications are relating to the same crime number, they are being decided by this common order.

2. As per the prosecution case, a report was made by the Senior Internal Auditor and Taxation Officer of block Bagicha that the present applicant Rakhi Gupta has made forged

signature of Madura Kerketta who was Panchayat Secretary of Gram Panchayat Badapahri and transferred an amount of Rs.7,29,600/- in the accounts of her father i.e., applicant Bechu Prasad Gupta and brother Rajesh Gupta who is brother thereby the offence has been committed.

3. Learned counsel for the applicants submits that the entire amount has been deposited in the account of Gram Panchayat and no further investigation would be necessary as the amount has been paid and applicant Rakhi Gupta is carrying pregnancy of 7 months, therefore, the applicants may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application. However, he do not dispute the fact that the amount of Rs.7,29,600/- has been deposited by the applicants.

5. Taking into consideration the fact that the entire amount has been deposited and applicant Rakhi Gupta is carrying pregnancy of 7 months and further taking into the nature of evidence which appears to be documentary in nature, I am inclined to enlarge the applicants on bail.

6. Accordingly, these applications are allowed and the applicants are directed to be released on bail on each of them 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 their appearance.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao