Smt. Yogita Singh Lalkher v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8715 of 2020 • Smt. Yogita Singh Lalkher, W/o Laxman Prasad, Aged About 58 Years, R/o House No. 2D, Street No. 2, Sector-8, Bhilai, District Durg Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through In-charge Officer, Police Station Ramanujnagar, District Surajpur Chhattisgarh. ---- Respondent For Applicant : Mr. Manoj Paranjpe Adv.

For Respondent/State : Mr. B.P. Banjare, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 18.06.2021

1. Heard.

2. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing her on regular bail during trial in connection with Crime No. 110/2020 registered at Police Station- Ramanujnagar, District Surajpur (C.G.) for the offence punishable under Section 420, 409, 467, 468, 471, 120-B of IPC.

3. The prosecution story, in brief is that, it has been alleged that amount of the certain account holders of the bank has been transferred to other accounts, without consent of the account holder and during the enquiry it was found that the accused Devesh Lalkher who was the cashier in the Branch had used his ID and amount of Rs. 1 lac has been transferred to the account of his mother namely Yogita Singh Lalkher who is having the account in the State Bank of India, Bhilai, Sector-9, Hospital Sector, District- Durg. Thereafter, offence has been registered against the present applicant.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that applicant is 58 years old lady and there is no evidence of conspiracy available on record. He next added that the applicant was not named in FIR and she did not play any role in transferring the said amount and the applicant is in jail since 04.11.2020 there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

5. On the other hand, counsel for the State opposes the bail application and the submission made in this respect. It is submitted that the offence committed by the applicant is of serious in nature, and, therefore, no case is made out for grant of bail.

6. I have heard learned counsel for the parties and perused the record.

7. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that applicant is in jail since 04.11.2020, the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

8. Accused/applicant is directed to be released on bail on her executing a personal bond in the sum of Rs. 1,00,000/-, with one local surety in the like sum to the satisfaction of the trial Court. She is directed to appear before the trial Court on each and every date given to her by the said Court.

Sd/- (Rajani Dubey) Judge Ruchi