Allowed

Smt. Harsha Alias Meena Krishnani v. State of Chhattisgarh

Chhattisgarh HC11 Feb 2019MCRCA/96/2019

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed an application for anticipatory bail under Section 438 Cr.P.C. filed by a respondent accused of offences under various sections of the IPC, directed her release on personal bond upon arrest, and imposed standard conditions including appearance before the trial court and non-interference with witnesses.

What did the court decide?

Anticipatory bail granted; directed release on personal bond of Rs. 25,000 with one surety upon arrest.

Smt. Harsha Alias Meena Krishnani Vs State of… — Quashing and FIR | Chhattisgarh HC (2019)

¶1

Page No.1

¶2

HIGH COURT OF CHHATTISGARH, BILASPUR

¶3

MCRCA No. 96 of 2019

¶4

Smt. Harsha @ Meena Krishnani W/o Shri Gopichand Krishnani Aged About 44 Years (wrongly mentioned as Meera In the Order), r/o Near Holycross School Byron Bazar, Raipur, Tahsil and District-Raipur Chhattisgarh.

¶5

---- Applicant

¶6

Versus

¶7

State of Chhattisgarh Through The Police Station Civil Lines Raipur Chhattisgarh.

¶8

---- Respondent

¶9

For Applicant : Mr. B.P. Sharma with Mr. Raza Ali, Advocates. For Respondent : Mr. H.S. Ahluwaliya, Dy. Adv. General.

¶10

Hon'ble Shri Justice Rajendra Chandra Singh Samant

¶11

Order On Board

¶12

11/02/2019

¶13

1. The applicant has preferred this bail application under Section 438 of Cr.P.C. apprehending her arrest in connection with Crime No.660/2016 registered at Police Station-Civil Lines, District-Raipur(C.G.), for the offence punishable under Sections 420, 467, 468, 471,120-B r/w 34 of the Indian Penal Code, 1860.

¶14

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. No case is made out against this appellant. The husband of this applicant has been granted regular bail by this Court in MCRC No.3519 of 2018 vide order dated

¶15

Page No.2

¶16

19.6.2018. The name of this applicant has appeared only for the reason, that her husband has made the purchase in her name. No offence of cheating and forgery had been committed by this applicant, hence, it is prayed that she may be granted anticipatory bail.

¶17

Learned State counsel opposes the bail application and the submissions made in this respect.

¶18

Heard both the parties and perused the case diary.

¶19

The property i.e. flat No.101 to 104 in Khushi building, which was already mortgaged with UCO Bank by the builder was purchased by co-accused Gopi Chand Krishnani in the name of this applicant by obtaining loan from Punjab National Bank. As the same property was sold out in auction in the year 2016 for non-payment of loan amount, therefore, Punjab National Bank (in short 'PNB') has lodged FIR against this applicant. Hence, this case.

¶20

After due consideration on the entire material present in the case, I am of this view that present is a fit case where the applicant can be granted anticipatory bail.

¶21

Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the officer arresting her on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions :

¶22

(i) that the applicant shall make himself available for interrogation before the investigating officer as and when

¶23

Page No.3

¶24

required;

¶25

(ii) that the 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;

¶26

(iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and

¶27

(iv) that 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.

¶28

Sd/- (Rajendra Chandra Singh Samant) Judge

¶29

Nisha

Smt. Harsha Alias Meena Krishnani v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Smt. Harsha Alias Meena Krishnani v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nirmala Bai Vs State of Chhattisgarh

Rajesh Rajput Vs STATE4 of Chhattisgarh

Ramakant Verma Vs State of Chhattisgarh

Chetan Sarathi and Ors. Vs State of Chhattisgarh

Smt. Harshlata Verma and Ors. Vs State of Chhattisgarh

State Of Chhattisgarh Vs Mohammad Irfan Sidiquee