Shushri Himani Singh Thakur v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8389 of 2018 • Shushri Himani Singh Thakur D/o Shri Digpal Singh Thakur Aged About 32 Years R/o D-293 Annapurna Vihar Colony Darri Tehsil Katghora, Korba District Korba Chhattisgarh, District : Korba, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Darri, Korba District Korba Chhattisgarh, District : Korba, Chhattisgarh ---- Non-applicant For Applicant : Mr. Ashutosh Shukla, Advocate.

For Non-applicant : Mr. Ashok Swarnkar, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 04.12.2018 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with crime No. 84/2018 registered at Police Station Darri, Korba District Korba (C.G.) for the offence punishable under Sections 420, 294, 506 of the Indian Penal Code.

3. Case of the prosecution, in brief is that complainant Smt. Anju Vishwakarma is the resident of Indranagar, Jamnipali Korba. Applicant had taken the documents of some land belonging to complainant, Rs. 25,000/- cash on account of providing loan to her from bank. Thereafter, she did not get loan. When she demanded the paper and amount, applicant refused to return back, abused her and given threatening to kill. Complainant had also given two blank cheques to the applicant. Applicant made entries of 9 - 9 lakh rupees. These cheques were subsequently bounced.

4. Learned counsel for the applicant submits that the applicant has no criminal background. He is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application, however, he submits that there is no antecedent against the applicant. 6.

Looking to these facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, It is directed that if the applicant furnishes two solvent sureties for a sum of Rs.25,000/- each along with a personal bond of Rs. 50,000/- to the satisfaction of the concerned Trial Court with the condition that he will not involve in any crime in future, he will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore