Bed Bai Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6699 of 2019 • Bed Bai Sahu W/o Vichik Ram Aged About 38 Years, R/o Pandripali, Sarsiwa, District Balodabazar, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : Station House Officer, Police StationBailaigarh, District - Balodabazar, Chhattisgarh. ---- Respondent For Applicant :

Mr. Udho Ram Koshaley, Adv.

For Respondent/State :

Mr. Wasim Miyan, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 09/12/2019

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing her on regular bail during trial in connection with Crime No. 155/2019 registered at Police Station-Bilaigarh, District-Balodabazar (C.G.) for the offence punishable under Sections 420, 467, 468 and 471 of the IPC.

2. The prosecution story, in brief is that complainant Purushottam Banjare filed an application before the leaned Judicial Magistrate First Class, Bhatgaon that the present applicant had contested the Gram Panchayat election and elected as Sarpanch of village Pandripali in the year 2018 on the strength of a fabricated mark sheet. The matter was referred to P.S. Sarsiva, and report was submitted, which has indicated that the present applicant had submitted her nomination form on 09.06.2018 to contest the Panchayat election along with the form she had submitted her mark sheet of 8th standard for the year 2010-11. During investigation it was found fabricated. Based on this offence has been registered

against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the charge-sheet has been filed and she is a 38 years old lady. The applicant is in jail since 07.08.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

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

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the facts that she is a 38 years old lady and the present applicant is in jail since 07.08.2019 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.

7. Accused/applicant is directed to be released on bail on her executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. She is directed to appear before the trial Court on each and every date given to her by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu