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2025 DAILYLAW 20753 (CHH)

SMT. MAHA SARASWATI MARAI v. STATE OF CHHATTISGARH

MCRCA/711/2025 · 2025-06-08

Shri Deepak Kumar Tiwari

body2025

Judgment text

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1 2025:CGHC:22679 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 711 of 2025 1 - Smt. Maha Saraswati Marai W/o Chandrabir Marai Aged About 49 Years R/o Ward No. 3, Matoli, Pakhanjur Matoli, P.S. And Tah.- Pakhanjur, District- North Bastar Kanker (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, P.S. Pakhanjur, District- North Bastar Kanker (C.G.) ... Non-Applicant For Applicant : Shri Rakesh Kumar Thakur, Advocate. For Non-Applicant : Miss Anuradha Jain, Panel Lawyer. Hon'ble Shri Deepak Kumar Tiwari, J Order On Board 09/06/2025: 1. The applicant has preferred this application for grant of anticipatory bail as she apprehends her arrest in connection with Crime No.60/2022 registered at Police Station Pakhanjur, District North Bastar, Kanker for offence under Section 409, 420, 34 of the IPC. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2025.06.09 18:18:27 +0530 2 2. Case of the prosecution is that complainant Dilip Kumar Sinha has lodged a complaint against co-accused persons namely, Manmath Dhali and Ku. Ratna Sarkar alleging irregularity committed by them in payment of Mitanin Incentive amount to the concerned persons whereupon an enquiry has been conducted and it was found that the said co-accused persons have misappropriated an amount of Rs.10,87,943/-. Therefore, FIR has been lodged. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. Co-accused persons namely, Ratna Sarkar & Manmath Dhali have already been released on anticipatory bail vide order dated 12.08.2022 passed in MCRCA Nos.808/2022 & 867/2022. He further submits that the name of the present applicant is not mentioned in the FIR and the case of the present applicant is not different from the other co-accused persons who have been released on anticipatory bail. Therefore, the present applicant may be released on anticipatory bail. 4. On the other hand, learned State Counsel would oppose the bail application. 5. Considering the submission of the parties and the fact that the name of the present applicant is not mentioned in the FIR and that other co- accused persons have already been released on anticipatory bail, without further commenting anything on the merits of the case, this Court is inclined to release the applicant on anticipatory bail. 6. Accordingly, the Application is allowed and it is directed that in the event of arrest of the applicant, she shall be released on anticipatory bail 3 on her executing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:- (i) she shall not influence the witnesses during trial. (ii) she shall make herself available for interrogation by a police officer as and when required; (iii) she 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 from disclosing such facts to the Court or to any police officer. Sd/- (Deepak Kumar Tiwari) Judge Barve