Ambika Sahu & ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6764 of 2019

1. Ambika Sahu W/o Tikash Lal Sahu Aged About 49 Years R/o Village-Jamjuda Post- Bhagatdevri, P.S.- Sakra, Tah- Pithora District-Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh

2. Ahilya Sahu Wd/o Late Mukun Sahu Aged About 83 Years R/o Village-Jamjuda, Post-Bhagatdevri, P.S.-Sakra, TahsilPithora District-Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through- Police Thana- Basna, District-Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh ---- Respondent ------------------------------------------------------------------------------------- For Applicants : Shri Sanjay Agrawal, Advocate For Respondent/State : Shri Anurag Verma, Panel Lawyer -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 29.11.2019

1. The accused/applicants have moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No.464/2019 registered at Police Station - Basna, District Mahasamund (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 34 of the IPC.

2. It is the case of the prosecution that on 30.9.2019, Nanhu Sahu lodged a report that the land bearing Khasra No.1 Rakba 0.22 has been recorded in his name and Tikas Lal Sahu, husband of applicant No.1 and son of applicant No.2

by making forge Rin Pustika of this land, obtained loan from the Bank.

3. Learned counsel for the applicant submits that the applicants have been falsely implicated in the crime and they have no knowledge about it and the main allegations are against Tikas Lal Sahu. He further submits that as the applicants are ladies and they are in custody since 4.10.2019 and trial is likely to take some time for its final disposal, they may be released on bail.

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

5. Considering the facts and circumstances of the case, particularly considering that the main allegations are against Tikas Lal Sahu and the applicants are ladies and they in custody since 4.10.2019, I am of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.

6. Accordingly, the application filed under Section 439 Cr.P.C. is allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in sum of Rs.25,000/- with one surety each in like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed till the disposal of the trial.

7. Certified copy, as per rules.

Sd/ (Rajani Dubey) JUDGE sunita