Smt. Jyoti Khare v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 2189 of 2019 Smt. Jyoti Khare W/o Ravindra Khare, aged about 51 years Director Maa Kalka Annapurna Mahila and Sahayata Samuh, Aditya Nagar, Durg (C.G.) ---- Applicant
Versus
State of Chhattisgarh through Police Station City Kotwali, Durg District Durg (C.G.).
---- Respondent For Applicant :
Mr. Prasson Agrawal, Advocate For Respondent :
Mr. Adil Minhaj, PL Hon'ble Shri Justice Arvind Singh Chandel Judgment on Board 05/06/2020 1.
The matter is heard through video conferencing. 2.
The applicant has filed this application for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No. 1216/2019 registered at police station - City Kotwali, Durg District Durg (C.G.) for the offence punishable under Sections 3 & 7 of the Essential Commodities Act, 1955 and Section 511 of the Indian Penal Code. 3.
According to the case of the prosecution, on 05/12/2019, Food Inspector had inspected the shop of the applicant situated at Ward No. 39, Baijnath Para, Durg. During inspection various anomalies were found in the said shop. At the time of inspection, co-accused Rakesh Kumar was present on the shop. The applicant is president of Maa Kalka Annapurna Mahila Swa Sahayta Samuh, who runs the said
shop. It is alleged that during inspection, various anomalies were committed by co-accused Rakesh. Since, the applicant is president of said society, therefore, it is alleged that she was also involved in crime in question.
4.
Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to some dispute. The applicant is a lady. There is no direct allegation against her. The main allegation is against co-accused Rakesh, therefore, he prays that the applicant may be extended the benefit of anticipatory bail.
5.
Learned counsel appearing on behalf of the State opposes the said application.
6.
I have heard counsel for the parties.
7.
Considering the facts and circumstances of the case and the argument advanced by counsel for the parties and further considering that there is no direct allegation against the applicant and the main allegation is against co-accused Rakesh, without further commenting on other merit of the case, I am inclined to release the applicant on anticipatory bail. 8.
Accordingly, the anticipatory bail application is allowed. 9.
It is directed that in the event of arrest, the applicant shall be released on bail on furnishing a bond in the sum of Rs.10,000/- with one surety for the like sum to the satisfaction of the officer arresting her and she shall abide by all the following terms and conditions: i.
That, the accused/applicant shall make herself available for interrogation before the concerned Investigating Officer as and when required;
ii.
The accused/applicant shall not, directly or indirectly,
make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; iii.
The accused/applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and iv.
The applicant shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial.
10.
Certified copy, as per rules.
Sd/- (Arvind Singh Chandel) Judge Rahul