Smt. Vijaylaxmi Kathait v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4528 of 2017 Smt. Vijaylaxmi Kathait W/o Jagmohan Kathait, Aged About 55 Years R/o House No. 67, Kanchan Nagar, B.D.A. Shed, Khajurikala, Bhopal, Madhya Pradesh, Police Station Awadhpuri, Bhopal, Madhya Pradesh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Basantpur (Wrongly Mentioned As Arakshi Kendra) District Rajnandgaon, Chhattisgarh.

---- Respondent For applicant - Shri Vishnu Koshta, Advocate. For Respondent/State - Shri Sangarsh Pandey, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 5/07/2017 1.

This is second bail application under Section 439 of Cr.P.C. The earlier bail application was dismissed on 17/01/2017 vide M.Cr.C. No.7950/2016 2.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 72/16 registered in Police Station Basantpur, District Rajnandgaon for offence punishable under section 409, 420 r/w 34 of IPC, Section 138 of Negotiable Instrument Act and Section 10 of CG Protection of Depositors Interest Act, 2005. 3.

As per the prosecution case, on 27/06/2016 a report was made by the complainant Smt. Yogita Shukla against the Directors/Chairman of J.S.V. Developers India Limited, M.P. Nagar, Bhopal that the applicant allured different persons and collected amount with assurance to return the same with high interest and money was collected from different villagers and when the maturity time came, applicant's company was

closed and all the persons who were engaged in this matter fled away and thereby the aforesaid offence was committed.

4.

Learned counsel for the applicant submits that the applicant was not active in the affairs of the company, she is lady and no offence is made out against the applicant, therefore the applicant may be released on bail.

5.

Learned State counsel opposes the prayer for grant of bail. 6.

Earlier rejection order dated 17/01/2017 is perused. It appears that the earlier bail application was dismissed on merits and I do not find any change of circumstances to reconsider this second bail application. 7.

Accordingly, the second bail application is dismissed. Sd/- (Goutam Bhaduri) JUDGE gouri