Smt. Manju Ekka v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7431 of 2019 • Smt. Manju Ekka W/o Mr. Walter Ekka Aged About 47 Years Caste Uraon, R/o Ward No. 11, Asharay Parishar Sirgitti, Police Station Sirgitti, Bilaspur, District Bilaspur.

---- Applicant

Versus

• State Of Chhattisgarh Through Anti Corruption Bureau Station House Officer, Police Station Sirgitti, District Bilaspur, Chhattisgarh. ---- Respondent For Applicant :

Mr. Harshwardhan Jaiswal, Advocate.

For Respondent :

Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 26/11/2019 • 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. 0/2019 registered at Police Station - A.C.B./E.O.W., Raipur Unit Bilaspur (C.G.) for the offence punishable under Section 7 of Prevention of Corruption Act, 1998 and Amendment Act, 2019.

• The prosecution story in brief is that, complaint Brahmanand Sahu has filed an application before Tahsil Court, Sakri for correction of record of the land purchased from Pinak Datt but on the basis of said application, record was not corrected. Then, he contacted to the applicant/accused, who is posted as A.G.-II, in Tahsil Court Sakri, who in turn, demanded Rs. 10,000/- for the correction of the record. The complainant Bramhanand Sahu made a complaint of said intention before the A.C.B. ofÏce in turn, the complainant was given a voice recorder in which the bribe communication was recorded.

After completion of 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 present applicant is a government servant and her long time arrest would affect her service badly. He next submits that she is in jail since 08.11.2019, therefore, the present applicant 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. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, further considering the detention period of the applicant, 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