Preeti Vaidya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7274 of 2019 • Preeti Vaidya W/o Harishankar Vaidya Aged About 39 Years R/o Sector-3, Near Sharda Samudayik Bhawan, Shivanad Nagar, Khamtarai, Police Station Khamtarai, District Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Khamtarai, District Raipur, Chhattisgarh.

---- Respondent For Applicant :

Mr. Navin Shukla, Advocate.

For Respondent :

Mr. Anurag Verma, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 07.01.2020 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing her on regular bail during trial in connection with Crime No. 438/2019 registered at Police Station - Khamtarai, District Raipur (C.G.) for the offence punishable under Sections 420, 34 of IPC.

• The prosecution story in brief is that, the present applicant and with her husband took lacs of Rupees from the several people in the name of getting job to them, thereby they have committed a deceitful act by giving them fake and forged appointment letter. On the basis of that, after investigation, offence has been registered against the applicant and she has been arrested.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the applicant has been arrested only on the basis of suspicion, there is no concrete evidence against

the present applicant. He next submits that applicant is a 39 years old lady and she is in jail since 28.09.2019, therefore, the present appellant may be released on bail. • On the other hand, counsel for the State opposes the bail application.

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

• Taking into consideration the nature and gravity of the offence, facts and circumstances of the case and further considering the fact that applicant is a 39 years old lady and the offence is triable by Judicial Magistrate First Class, as the applicant is in jail since 28.09.2019 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.

• Accused/applicant is directed to be released on bail on her executing a personal bond in the sum of Rs. 50,000/- with one surety in the like sum to the satisfaction of the trial Court. She is directed to appear before the said Court on each and every date given to her by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu