Smt. Seema Dubey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3903 of 2017 • Smt. Seema Dubey W/o Dharmendra Dubey, Aged About 41 Years R/o Dubey Mohalla Near Panitanki, Police Station Kotwali Ambikapur, District Surguja (Chhattisgarh) ---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer Police of Police Station Dharsewa, District Raipur Chhattisgarh) ---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Mrs. Ranjana Jaiswal, Advocate For Respondent/State :

Mrs. M. Asha, Panel Lawyer -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 22-6-2017 1.

This is second 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 5-2-2016 in connection with Crime No. 354 of 2015, registered at Police Station Dharsewa, District Raipur (CG) for the offence punishable under Section 420 of the IPC. 2.

As per the prosecution case, on 30-10-2015 a report was made by the complainant Kuljan Nishad that the appellant in order to provide job to the complainant in Jail had obtained Rs.2,45,000/-. Neither job was provided to the complainant nor money was given back to him and thereby the aforesaid offence was committed. 3.

Learned counsel appearing for the applicant would submit that the charge-sheet has been filed in this case, the applicant is a lady and

she is in jail l since 5-2-2016 and no further investigation is required, therefore, she may be released on bail. 4.

On the other hand, learned State counsel opposes the prayer for grant of bail and would submit that earlier first bail application was dismissed as withdrawn on 21-6-2016 wherein no liberty was granted to the applicant to repeat the same.

5.

I have heard learned counsel for the parties, perused the case diary and documents.

6.

Perused the statement of the complainant wherein positive allegations have been attributed to the present applicant. 7.

Taking into consideration the facts and circumstances of the case, nature of allegations leveled against the applicant and further considering the statement of the complainant, I am not inclined to release the applicant on bail.

8.

Accordingly, the second bail application filed under Section 439 of the Cr.P.C. is liable to be and is hereby dismissed. Sd/- (Goutam Bhaduri) Judge Raju