Stuti Julius vs State Of Chhattisgarh

Heard.

This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested on 01.03.2023 in connection with Crime No. 95/2023 registered at Police Station- Kotwali, District Bilaspur C.G. for the offence punishable under Sections 420, 419, 120-B of IPC.

As per the prosecution case, the complainant Swati Sahu has filed a written complaint at Police Station Kotwali, Bilaspur alleging that she has passed Master of Dental Surgery (MDS) and her father namely Ajay Kumar Sahu runs a grocery shop at Gondpara, Bilaspur and applicant Stuti Julius and her husband Anish Julius resident of Guru Vihar in front of Mukti Dham, Sarkanda used to purchase grocery from her father's shop and on the pretext of providing job of Dentist in the year 2021 obtained money to the tune of Rs. 5 Lakhs in cash which was paid in the office of the husband of the applicant Stuti Julius and the other co-accused Kanaklata Yadav impostor herself as the Dean of medical college, Bilaspur and talked over the mobile with the husband of the complainant namely Saket Sahu and made them transfer Rs. 2 Lakhs in the account of applicant Stuti Julius and further Rs. 5 Lakhs has also been paid in cash and total Rs. 12 Lakhs was obtained from the accused person in a fraudulent manner and thereafter not provided any job and on being asked for return of money Stuti Julius has given cheque of Rs. 5 Lakhs which was dishonored and further Stuti Julius entered into an agreement for returning the amount and also confessed the offence that the money was received on the pretext of providing job to the complainant.

Learned counsel for the applicant would submit that the applicants are innocent and are falsely implicated as father of the complainant is running a grocery shop, therefore, there was some money transaction between the accused. He further submits that the complainant is holding degree of MDS and is well qualified and as there is no notification of the vacancy being published there is no ground to cheat the complainant. He further submits that accused Stuti Julius and Kanaklata Yadav are the respective house wives and both the accused have no status to provide any job to the complainant, therefore, to recover the money and to settle the score cooked-up story has been developed. He further submits that the accused are in jail since 01.03.2023, therefore, they may be enlarged on bail.

Per contra, learned State counsel strongly opposes the prayer for grant of bail and submits that except the present case there are no past antecedents of the applicants.

Having considered the facts and circumstances of the case and specially considering the delay in lodging the FIR as the incident took place in 09.04.2021 and the FIR was lodged on 27.02.2023 and further considering the period of pre trial detention, I am inclined to release the applicants on bail.

It is directed that the applicants shall be released on bail on furnishing personal bond for a sum of Rs.25,000/- each with one surety each in the like sum to the satisfaction of concerned trial court for their regular appearance before it as and when directed.