High Court Of ChhattisgarhMCRC/6318/2016dismissed

Vidyawati Gupta v. State Of Chhattisgarh

2016-10-17Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6318 of 2016 • Vidyawati Gupta W/o Rajesh Kumar Gupta Aged About 35 Years R/o Sahaganj, Purani Bazar, Ajamgarh Road, Police Station Kotwali, Sahaganj, Civil & Revenue District Jaunpur Uttar Pradesh ---- Petitioner

Versus

• State of Chhattisgarh Through Station House Officer Katghora, Civil & Revenue District Korba Chhattisgarh --- Respondent For the applicant :

Mr. Punit Ruparel, Advocate For the Respondent :

Mr. Anil S. Pandey, Govt. Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 17.10.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 212/2016 registered at P.S. Katghora, Distt. Korba (C.G) for the offence punishable under Section 379, 411, 419, 420, 467, 468, 471, 34 of IPC.

2. As per the prosecution case, a report was lodged by one Deepak Shrivastava on 14.07.2016 that his Bolero Vehicle bearing Regn.No.C.G. 12-D/0687 has been stolen by some one. Subsequently, during investigation one of the coaccused Gorakh Ram was taken into custody and on his memorandum, it was revealed that Gorakh Ram after stealing the vehicle sold it to the present applicant who is running a scrap (Kabadi) shop and the present applicant after changing the number, sold it to some one and the

vehicle was recovered subsequently at the instance of the present applicant.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case as there is no evidence against her and only on the memorandum of other accused, the applicant has been arrested, therefore, she may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary documents. It appears that the vehicle was recovered at the instance of the present applicant.

6. Considering the fact that still investigation is going on; charge sheet has not yet been filed and taking into nature of allegations against this applicant, I am not inclined to allow this bail application. Accordingly, it is rejected. Sd/- GOUTAM BHADURI JUDGE R a o