Kumari Arti @ Ahilya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9004 of 2018 Kumari Arti @ Ahilya D/o Ashok Kumar Sahu Aged About 21 Years R/o Pipar Chedi, Police Station - Balod, District - Balod, Chhattisgarh., District : Balod, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Police Station - Devendra Nagar, District - Raipur, Chhattisgarh., District : Raipur, Chhattisgarh. ---- Respondent For the Applicant :

Ms. Raashi Tiwari, Advocate For the State :

Shri I. Lakra, Dy. Govt. Adv.

----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /01/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Case diary is not available. True photocopy of the arrest memo provided by the counsel for the applicant in connection with the Crime No.182/2018 registered at Police Station Devendra Nagar, District Raipur (C.G.) for the offence punishable under Section 420, 34 of IPC.

3. Case of the prosecution, in brief is that co-accused Shalini Verma, Rupendra Verma and Baby Rao had obtained Rs. 50,000/- from the complainant Trivendra and deceiving him to provide the job in Secretariate but they did not do so. They did not returned back the said amount to the complainant. One diary and one daily caller appointment was seized from the applicant except it nothing material is available on the record to implicate the applicant in alleged crime.

4. Learned counsel for the applicant submits that he has innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant.

6. As per the true copy of no objection which is part of the bail application

complainant had stated therein that he has no grievance against the applicant, if she released on bail then he has no objection.

7. Looking to the 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 one solvent surety for a sum of Rs. 25,000/- along with a personal bond in the like sum to the satisfaction of the concerned Court with the condition that he shall appear before the trial Court at 11.00 am as and when directed till trial and he would cooperate during the trial, she shall be released on bail.

8. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde