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2011 DIGILAW 272 (CHH)

Dehuti Sahu v. State of C. G.

2011-08-05

MANINDRA MOHAN SHRIVASTAVA

body2011
ORDER Hon'ble Shri Manindra Mohan Shrivastava, J. Heard. 1. The applicant is apprehending her arrest in connection with Crime No. 128/11 registered by police station - Gobra Navapara, Raipur for alleged commission of offence under Section 420/34 of IPC. Case of the prosecution is that one-Sahadev Kansari collected a sum of Rs. 30,000/- from the employees on behalf of the applicant in the name of releasing higher rate of dearness allowance. 2. Learned counsel for the applicant submits that as far as applicant is concerned, there is no allegation on the applicant either demanding or collecting any amount from the employees. It is also submitted that there is no evidence collected so far by the prosecution to show that the amount Collected by Sahdev was passed on to the applicant. It is lastly submitted that even before alleged date of payment of amount collected to Sahdev, a resolution was passed on 31/5/11, in the meeting of President in Council for granting higher rate of dearness allowance. 3. On the other hand, learned State counsel submits that the employees from whom money has been extracted have stated that Sahdev collected the money stating that the same is to be given to the applicant and the Vice President and also to the C.M.O. 4. Taking into consideration that none of the witnesses have led that either the applicant demanded or that any amount was paid to the applicant and taking into consideration that the resolution for grant of dearness allowance was passed prior to the alleged date of collection and payment to Sahdev - co-accused, I am inclined to extend the benefit of anticipatory bail to the applicant. 5. Accordingly, the application is allowed. It is therefore directed that in the event of arrest of the applicant - Smt. Dehuti Sahu in connection with the aforesaid offence, shall be released on bail on furnishing a personal bond of Rs. 5,000/- alongwith two sureties for the like amount to the satisfaction of the arresting officer. 6. The applicant shall make herself available for interrogation by a Police Officer as and when required and 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 her from disclosing such facts to the Court or to any Police Officer. The applicant shall co-operate with the investigation as and when required. The applicant shall co-operate with the investigation as and when required. This order shall remain in force for a period of 60 days from today and the applicant shall be at liberty to apply before the concerned trial Court/special Court for grant of regular bail within the period of 60 days from today. Certified copy as per rules.