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High Court Of ChhattisgarhMCRC/6012/2016allowed

Ku. Pushpanjali Thakur v. State Of Chhattisgarh

2016-10-05Hon'Ble Shri Justice Goutam Bhaduri2 pages

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 6012 of 2016

1. Ku. Pushpanjali Thakur, D/o. Late Jagannath Thakur, aged about 21 years, R/o. Milan Chowk, Titurdih, Durg, Tahsil and District - Durg (C.G.) ----Applicant

Versus

1. State of Chhattisgarh, Through : District Magistrate, Civil and Revenue District - Durg (C.G.) ---- Respondent For Applicant : Mr. Purnendra Khicharia, Advocate For Respondent/State : Mr. Anupam Dubey, Dy. Govt. Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 05/10/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.244/2016, registered at Police Station - Pulgaon, District - Durg (C.G.) for the offence punishable under Section 420, 467, 468, 471/34 of Indian Penal Code. 2.

Case of the prosecution, in brief is that a report was made by P.B. Deshmukh, Director of Shankaracharya Technical Campus, Bhilai that one Sagar Borker who was working as an Accountant and Data Entry Operator had withdrawn an amount of Rs.95,82,275/- at different points of time and it is alleged that some of the amount i.e. Rs.54,400/- was deposited in the account of the present applicant. 3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he has not committed any crime. It is further submitted that similarly placed co-accused in this

Page No.2 case has been enlarged on bail by this Court vide order dated 28.09.2016, in M.Cr.C.No.5898/2016, therefore, the counsel prays that the applicant may also be enlarged on bail. 4.

On the other hand, learned counsel for the State opposes the bail application, however, he is not able to dispute the fact that similarly placed co-accused in this case has been enlarged on bail. 5.

I have heard learned counsel appearing for the parties. 6.

Considering the facts and circumstances of the case, the nature of offence and the degree of allegation and further taking into the fact that similarly placed co-accused in this case has been enlarged on bail by this Court vide order dated 28.09.2016, in M.Cr.C.No. 5898/2016, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 7.

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

8.

It is directed that applicant shall be released on bail on her furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for her appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram