- (1.) This fifth bail application has been filed by the accused petitioner under section 439 Cr.P.C. in Cr. Case No. 635/2010 pending before Additional Chief Judicial Magistrate No.5 Kota under sections 420, 467, 468, 471 and 120 B IPC and in FIR No. 322/2008 registered at Police Station Nayapura Kota for the offence under sections 420, 467, 468, and 471 IPC and against the order dated 28.3.2012 passed Additional Sessions Judge No.5 Kota rejecting the bail application of the accused petitioner.
(2.) Brief facts of the case are that on June 25, 2007 a written report was lodged at Police Station Nayapura Kota that the accused petitioner while she was working as authorised agent of Postal Department obtained bogus business certificate and by which she damaged very badly to the postal department alongwith other co-accused persons. The accused petitioner was arrested on 12.9.2009. The allegation against the petitioner is that during the years 1999-2000 to 2002-2003 she cheated the postal department by showing forged documents and from various schemes drawn Rs. 8,45,959, 1303 gms. Gold and 57 wrist watches.
(3.) The first bail application of the accused petitioner was rejected by this court on November 11, 2009 after hearing both the parties. This court granted liberty to the petitioner to move regular bail application before the trial court immediately after framing of the charge. The trial court framed charge agianst the accused petitioner for the offences under sections 420, 467, 468 and 471 IPC. The Sessions Judge, Kota vide his order dated 25.1.2010 rejected the bail application of the accused petitioner. Thereafter the petitioner filed second bail application before this court on 4.2.2010. This Court vide order dated 5.2.2010 rejected the second bail application No. 1428/ 2010 observing as under : "I have gone through the order passed by the Sessions Judge Kota dated January 25, 2010 and the order framing charge against the accused petitioner by the Addl. Chief Judicial Magistrate. Since there are serious allegations against the accused petitioner of cheating postal department of lacs of rupees, gold worth lacs of rupees ,and wrist watches by way of forged documents, at this stage, the accused petitioner is not entitled to be released on bail. The bail application is thus rejected. The trial court is directed to conclude the trial as early as possible." ;