Smt. Sunita Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6522 of 2019 • Smt. Sunita Singh W/o Dharmendra Singh Parihar Aged About 48 Years R/o Plot No. 84, Swalambi Nagar, Nagpur, Maharastra. ---- Applicant

Versus

• State Of Chhattisgarh The Station House Officer, Police Station Balod District Balod Chhattisgarh.

---- Respondent For Applicant :

Mr. Raghvendra Pradhan, Advocate.

For State :

Mr. Vinod Kumar Tekam, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 03/12/2019 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing her on regular bail during trial in connection with Crime No. 216/2018 registered at Police Station - Balod, District Balod (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 406/34 of IPC, Sections 3, 4,5 of Prize Chits & Money Circulation Schemes (Banning) Act 1978 and Section 10 of Chhattisgarh Protection of Depositors Interest Act 2005.

• The prosecution story in brief is that, the present applicant was appointed as Director along with other persons in AIMWAY Corporation India Limited and in the said company many persons have invested the amount, for which the bonds were issued for terms of a particular period and after the expiry of terms period also, no amount was paid. On the basis of above facts, offence has been registered against the applicant and she has been arrested.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that a friend of the applicant's husband has taken the signature for KYC update and subsequently the applicant got knowledge, she resigned from the company. He next submits that the applicant is in jail since 10.07.2019, and she is ready to furnish adequate surety and shall abide by all the directions and conditions which may imposed by this Court, therefore, the present applicant may be released on bail.

• On the other hand, counsel for the State opposes the bail application.

• I have heard learned counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case and further considering the fact that the applicant is a 48 year old lady and she is in jail since 10.07.2019 and 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.

• Accused/applicant is directed to be released on bail on her executing a personal bond in the sum of Rs. 5,00,000/- with two local sureties in the like sum to the satisfaction of the trial Court. She is directed to appear before the said Court on each and every date given to her by the said Court. Sd/- (Rajani Dubey) Judge Vijay Sahu