Chattisgarh High Court
Shilpi Thapa vs State Of Chhattisgarh on 21 October, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 4583 of 2022
• Shilpi Thapa W/o Kaushal Singh Aged About 21 Years R/o 254/5,
Shastri Nagar, P.S. Nauchandi, District : Meerut, Uttar Pradesh
---- Applicant
Versus
• State Of Chhattisgarh Through Station House Officer Basantpur,
District : Rajnandgaon, Chhattisgarh
---- Non-Applicant
MCRC No. 7797 of 2022
• Lalit Singh S/o Sanjay Singh Aged About 43 Years R/o House No. M-
335, Ganga Nagar, Behind Dr. Paul Ganj Clinic, Quarter No. 820,
Prabhat Nagar, Merath District Merath (U. P.)
---- Applicant
Versus
• State Of Chhattisgarh Through The District Magistrate Rajnandgaon,
District Rajnandgaon Chhattisgarh
---- Non-Applicant
For Respective Applicants : Miss Shriya Jaiswal and Shri TK Jha, Advocates.
For Non-Applicant : Shri Ashish Tiwari, Govt. Advocate.
Hon'ble Shri Deepak Kumar Tiwari, J
Order On Board
21/10/2022 :
1.
The aforesaid MCrCs are being disposed of by this common order as
they arise out of Crime No.342/2020, registered at Police Station
Basantpur, District Rajnandgaon, for offence under Sections 306, 384,
420, 506, 34 of the IPC.
2. These are the second bail applications on behalf of the applicants. Their
earlier bail applications were rejected on merits vide order dated
31.1.2022 passed in MCRC Nos.9590/2021 & 9397/2021.
3. Case of the prosecution, in brief, is that deceased Sanjeev Jain had
developed extra marital relations with the wife of present applicant Lalit
Singh, namely, Mansi Yadav and thereafter they started blackmailing
the deceased and from time to time they had taken an amount of
Rs.2,42,61,490/- from the deceased. It is also alleged that present
applicant Lalit Singh had impersonated himself as Mohit Sharma, an
employee of the Choudhary Charan Singh University and on the pretext
of providing employment, said Mansi Yadav obtained money from the
deceased. Since 2018 when the deceased stopped giving money to
them, they conspired and husband of accused Shilpi Thapa, namely
Kaushal Singh, (presently absconding) impersonated himself as Bank
Manager, contacted the deceased for passing loan, so they may get
some amount from the deceased. When the deceased asked for return
of the amount, the accused persons started harassing the deceased and
refused to return the amount and threatened to defame him, as a result
of which the deceased got frightened and committed suicide by hanging
on 10.8.2021.
4. During investigation, it was also revealed that on 6.6.2019, Rs.49,000/-;
on 28.6.2019, Rs.60,000/-; on 10.10.2019, Rs.26,000/- and on
12.6.2019, Rs.2,25,000/- was deposited in the account of applicant
Shilpi Thapa at Rajnandgaon Branch, though Shilpi Thapa is having
account in the Indian Bank at Meerut Branch (UP).
5. Miss Shriya Jaiswal, learned counsel appearing for the applicant Shilpi
Thapa would submit that the applicant is innocent and has been falsely
implicated. She has never contacted the deceased and the only evidence
against her is that some amount has been deposited in her account and
she has not abetted the deceased to commit suicide nor cheated the
deceased in any manner. She would further submit that the applicant is
lady and recently she has delivered a baby. This Court has also granted
interim bail, however, due to some health issues, she could not
surrender in time, and now she has surrendered and is behind the bars.
If this Court grants bail to the applicant, she is ready to comply with all
the conditions which may be imposed by this Court.
6. Shri TK Jha, learned counsel appearing for the applicant - Lalit Singh
would submit that the applicant has been falsely implicated and no
money was deposited in his account and only because in Mansi Yadav's
(his wife) account some amount has been deposited, he has been falsely
roped in the offence. He has never cheated the deceased in any manner.
He would further submit that several suicidal notes were recovered from
the possession of the deceased and in none of them the applicant was
named. He is in jail since 29th October, 2021. He has been arrested
only on the basis of memorandum of Mansi Yadav. He would place
reliance on the judgment of the Hon'ble Supreme Court in the matter of
Mariano Anto Bruno Vs. Inspector of Police {CRA No.1628/2022,
decided on 12th October, 2022} to submit that against the present
applicant, necessary ingredients of Section 107 of the IPC are missing
7. Per contra, learned State Counsel would oppose the bail applications on
submission that the present applicants are direct beneficiaries of the said
crime, husband of accused Shilpi Thapa is still absconding and there is
likelihood of flight risk. Therefore, the bail applications be rejected.
8. Having considered the submissions, considering the facts and
circumstances of the case, the nature of crime and that as one of the
accused i.e. husband of Shilpi Thapa namely Kaushal Singh is still
absconding, I am not inclined to release the applicant Lalit Singh on
bail. Accordingly, the application {MCRC No.7797/2022} is rejected.
9. However, the applicant - Shilpi Thapa being a lady and recently she
has delivered a baby and considering her role, this Court is inclined to
release her on bail. Accordingly, the application {MCRC
No.4583/2022} is allowed and the applicant is directed to be released
on bail on her executing a personal bond for a sum of Rs.25,000/- with
one surety for the like amount to the satisfaction of the trial Court. She
is directed to appear before the trial Court on each and every date given
by the said Court.
Sd/-
(Deepak Kumar Tiwari)
Judge
Barve
