Allowed

Sonkeliya v. State of Chhattisgarh

Chhattisgarh HC18 Apr 2022MCRCA/110/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed an application under Section 438 CrPC for anticipatory bail. The court, considering the applicant's age of 70 years and her readiness to furnish surety, held it was a fit case to grant bail despite the State's opposition.

What did the court decide?

Application under Section 438 CrPC allowed; anticipatory bail granted subject to furnishing a personal bond of Rs. 50,000/- with one surety and complying with four conditions.

Sonkeliya Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRCA No. 110 of 2022

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Sonkeliya Wd/o Indal, Aged About 70 Years, R/o Village Sonpur, Police Station Surajpur, Tahsil Ramanujnagar, District Surajpur Chhattisgarh.

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---- Applicant

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Versus

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State of Chhattisgarh Through Station House OfÏcer, Police of Police Station Surajpur, District Surajpur Chhattisgarh.

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---- Respondent

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For Applicant : Mr. H.A.P.S. Bhatia, on behalf of Mr. Anil Gulati, Adv. For Respondent/State : Mr. Himanshu Sharma, PL

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Hon'ble Smt. Justice Rajani Dubey Order on Board

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18.04.2022

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This application under Section 438 of the Code of Criminal Procedure has been filed by the applicant who is apprehending her arrest in connection with Crime No. 417/2021 registered at Police Station- Surajpur, District Surajpur (C.G.) for commission of the offence punishable under Section 420/34 of the IPC.

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As per the prosecution case, the allegation against the present applicant is that by personating herself as Bholi Bai, who is sister of the applicant, sold the land of Bholi Bai to one Sandhya Rani at Rs. 2,33,000/-, subsequently the FIR was lodged against the applicant and other persons.

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Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He further submits that applicant is an old lady aged about 70 years and there is no possibility to abscond anywhere. Furthermore, the applicant is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court, therefore, the present applicant may be granted anticipatory bail.

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On the other hand, counsel for the State opposes the application

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for anticipatory bail.

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After hearing counsel for the parties and considering the facts and circumstances of the case, particularly the age of the applicant, this Court is of the considered opinion that it is a fit case to grant anticipatory bail to the applicant. Accordingly, the application is allowed.

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It is directed that in the event of arrest of the applicant in connection with aforesaid crime number, she shall be released on bail on her furnishing a personal bond in the sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the concerned arresting/ investigating ofÏcer or the Court concerned, as the case may be, with the following terms and conditions:

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(i) that the applicant shall make herself available for interrogation before the concerned investigating ofÏcer as and when required.

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(ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts or the case as to dissuade him/her from disclosing such facts to the Court or to any police ofÏcer;

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

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(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.

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Sd/(Rajani Dubey) Judge

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V/-

Sonkeliya v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sonkeliya v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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