High Court Of ChhattisgarhMCRC/8363/2019allowed

Smt. Savita Goswami v. State Of Chhattisgarh

2020-02-24Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8363 of 2019 • Smt. Savita Goswami W/o Chandrabhan Goswami Aged About 45 Years R/o Gali No. 3, Ward No. 3, Bada Ashok Nagar, Gudiyari, Raipur, District Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through District Magistrate, Durg, District Durg, Chhattisgarh.

---- Respondent For Applicant : Mr. Hemant Kesharwani on behalf of Mr. Suresh Tandon, Adv.

For Respondent/State : Mr. Wasim Miyan, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 24/02/2020

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. 177/2019 registered at Police Station-Utai District - Durg (C.G.) for the offence punishable under Section 420 of the IPC.

2. The prosecution story, in brief is that, on 21.05.2019 complainant Suraj Bandhe lodged a report that from 30.04.2018 to 26.12.2018 the applicant took Rs. 60,000/- from him for providing job in CAF (GD), but the applicant has neither provided job nor returned money. 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 charge-sheet has been filed and the applicant is in jail since 12.10.2019, 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 the applicant is in jail since 12.10.2019 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. 50,000/- 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