Pawan Kumar Bhardwaj v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 93 of 2020 • Pawan Kumar Bhardwaj S/o Shri Terasram Bhardwaj Aged About 26 Years R/o Q.No.- Lch-58, Rajgamar Colony, Police Station Balco Nagar Korba, Tahsil And District Korba, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : Station House OfÏcer, Police Chowki Rajgamar, Police Station Balco Nagar, District Korba, Chhattisgarh.

---- Respondent For Applicant :

Mr. Ratnesh Ku. Agrawal, Adv.

For Respondent/State :

Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 13/02/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 593/2019 registered at Police Chowki-Rajgamar, P.S.-Balco Nagar, District - Korba (C.G.) for the offence punishable under Sections 420, 120-B, 34 of the IPC.

2. The prosecution story, in brief is that, on 10.12.2019 the complainant lodged a report that, on pretext of job in S.E.C.L., the applicant taken Rs. 10,000-10,000/- from the complainant and other persons, after 3-4 months when, they have not gotten the job they contacted with applicant and taken their money back. Thereafter, applicant said to the complainant and other persons to contact with Rajesh, Naveen, Santosh, Chitrabhan, where the complainant and other persons given Rs. 3,90,000/- for their job, and after some days' complainant

and other persons were called by Chitrabhan to fill the KYC form, where complainant and other persons deposited 20,000/--20,000/-, but neither the job provided nor returned money. Based on this, offence has been registered against the present applicant and other co-accused persons.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the applicant is in jail since 11.12.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the facts that the applicant is in jail since 11.12.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge H.L. Sahu