Smt. Mridula Bajpai v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6803 of 2016 • Smt. Mridula Bajpai D/o Anil Bajpai, Aged About 42 Years R/o 7 B, Q.No. 597/5, Plot No. 05, Aashish Nagar, Police Station Nevai, Bhilai, Tahsil & District Durg, Chhattisgarh. ---- Petitioner
Versus
• State Of Chhattisgarh Through S.H.O., Police Station Nevai, District Durg, Chhattisgarh.
---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :
Mr. P.K.C. Tiwari, Sr. Advocate with Mr.
Bharat Lal Dembra, Advocate.
For Respondent/State :
Mr. Anupam Dubey, Dy.G.A.
For Objector :
Mr. Jitendra Gupta, Advocate.
-------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 16-11-2016
1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 17-7-2016 in connection with Crime No. 8 of 2016 registered at Police Station Nevai, District Durg (CG) for the offence punishable under Sectios 420, 467, 468, 471 and 34 of the IPC.
2. As per the prosecution case, a report was made by the complainant Arun Kumar Shrivastava that the appliant along with other co-accused in order to provide job to the son and nephew of the complainant in Railways had received a total sum of Rs.16,00,000/- (cash) and thereafter at the instance of the applicant complainant went to Kharagpur along with his son and nephew to get medical examination for appointment and thereafter joint appoitment letter was received which was found to be forged and ultimately appointment was not made and thereby the aforesaid offence was committed.
3. Learned counsel appearing for the applicant would submit that one of the co-accused person has been recently arrested and there will be some delay in concluding the trial and no direct allegations have been attributed to the present applicant. He would further submit that the charge-sheet has been filed in this case and the applicant is in jail since 17-7-2016 and no further eviidence is necessary, therefore, she may be released on bail
4. Per contra, learned State counsel and objector oppose the bail application.
5. I have heard learned counsel for the parties and perused the case diary and other documents.
6. Perused the statement of the complainant Arun Kuamar Shrivastava which shows that cash Rs.16,00,000/- was received by the present applicant to provide job to the son and nephew of the complainant in Railways.
7. Taking into consideration the facts of the case, nature and gravity of the offence, the manner in which the aforesaid offence was committed and further considering the statement of the complainant, I am not inclined to release the applicant on bail.
8. Accordingly, the bail application filed by the applicant under Section 439 of the Cr.P.C, is liable to be and is hereby dismissed.
Sd/- (Goutam Bhaduri) Judge Raju