Smt. Laxmi Parik v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C.(A). No. 437 of 2017 Smt. Laxmi Parik, W/o. Omprakash Parik, Aged About 38 Years, R/o. Near Nutan Chowk, Sarkanda, Police Station -Sarkanda, Bilaspur, District Bilaspur, Chhattisgarh.
----Applicant
Versus
State Of Chhattisgarh, Through : The Station House Officer, Police Station Gole Bazar Raipur, District -Raipur, Chhattisgarh. ---- Respondent For Applicant : Mr. Samir Singh, Advocate For Respondent/State : Mr. Anil S. Pandey, Govt. Advocate.
Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 19/01/2018 1.
Apprehending arrest in connection with Crime No.71/2017, registered at Police Station - Gole Bazar Raipur, District - Raipur (C.G.) for offence punishable under Section 420, 467, 468, 471 of the Indian Penal Code, the applicant has preferred this application for grant of anticipatory bail.
2.
It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. No case is made out against her on the basis of the material in the prosecution case against her. It is submitted that similarly placed co-accused persons have been enlarged on regular as well as anticipatory bail in this crime number and in the similar crime registered by the Police
Station. Hence, it is prayed that the applicant may be benefited with grant of anticipatory bail.
3.
Per contra learned State counsel opposes the application for grant of bail and the submission made in this respect. It is submitted that offence registered against her is of serious nature and she is not entitled for grant of bail.
4.
I have heard the learned counsel for the parties and perused the case diary and the documents.
5.
The brief facts of the case are these that post of librarian, lecturer and other positions were advertised by the Zila Panchayat, Raipur. Applicant was one of the candidate, with her application, she submitted her documents. On verification, mark-sheet submitted by her of B.Lib and I.Sc., purportedly issued by Guru Ghasidas University, Bilaspur was found to be fake and forged because of which, the case has been registered against her. 6.
Considered the submissions made and the contents of the case diary. Considering the facts and circumstances of the case and further looking to this fact that similarly placed co-accused persons have been benefited with regular bail as well as anticipatory bail by this Court and by the Coordinate Bench of this Court, this Court is inclined to extend the benefit of Section 438 of Cr.P.C. to the applicant.
7.
Accordingly, the anticipatory bail application filed under Section 438 of Cr.P.C. is allowed.
8.
It is directed that in the event of arrest of the applicant in connection with the aforesaid offence, she shall be released on bail by the officer arresting her on executing a personal bond in sum of
Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions :
(i) that the applicant shall make herself available for interrogation before the investigating officer as and when required;
(ii) that the applicant 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 him/her from disclosing such facts to the Court or to any police officer; (iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial.
Certified copy as per rules.
Sd/- (Rajendra Chandra Singh Samant) Judge Balram