Diksha Trivedi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.578 of 2017 • Diksha Trivedi W/o Ravindra Trivedi, Aged About 23 Years R/o Phase- 3 K.B.T 305, Kabir Nagar Police Station Kabir Nagar, District- Raipur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Kasdol, DistrictBaloda Bazar- Bhatapara, Chhattisgarh. ---- Respondent For Applicant :

Shri Kishore Bhaduri, Advocate For Respondent/State : Shri Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 24.4.2017 Heard the matter finally.

2.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.381/2016 registered in Police Station Kasdol, District Baloda Bazar for the offence punishable under Section 454, 394, 414, 120-B of IPC and under Sections 25 & 27 of Arms Act, 1959 and under Section 65(B) of Information Technology Act, 2000.

3.

Learned counsel for the applicant submits that the applicant has been arrested on 18.10.2016, after investigation charge sheet has been filed which is pending before Judicial Magistrate First Class, Kasdol, District Baloda Bazar as Criminal Case No.

703/2016. On the basis of memorandum of the applicant, some ornaments have been seized from her, the same were identified in the Test Identification Parade, but the there is no basis of identification of said ornaments stated by the person who identified the said ornaments. Hence, the present matter may be considered under Section 414 of the IPC, and the applicant may be released on bail.

4.

Per contra, learned counsel for the State opposed the arguments advanced on behalf of the applicant and would submits that on the basis of disclosure statement made by the applicant, certain ornaments were seized which were further identified during investigation and looking to the further facts surfaced in the said disclosure statement the matter is not simpliciter matter for offence under Section 414 of the IPC. 5.

Perused the entire material.

6.

On due consideration of the entire facts, I am not inclined to grant bail to the applicant.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is hereby dismissed.

Certified copy as per rules.

Sd/- (Chandra Bhushan Bajpai) JUDGE Bini