Prashant Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 209 of 2020 • Prashant Sahu S/o Shri Chandrakant Sahu Aged About 26 Years R/o Abhilasha Parisar, Tifra Sirgitti, District Bilaspur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : Station House OfÏcer, Police Station Kabir Nagar, District Raipur, Chhattisgarh. ---- Respondent For Applicant :

Mr. Harshwardhan Jaiswal, Adv.

For Respondent/State :

Mr. B. L. Sahu, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 24/02/2020

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. 310/2019 registered at Police Station-Kabir-Nagar, District - Raipur (C.G.) for the offence punishable under Section 420 of the IPC.

2. The prosecution story, in brief is that, on 15.12.2018 complainant Suresh Kumar filed a written complaint that the present applicant was working as sales ofÏcer in Mahadev Car Pvt. Ltd. and when the complainant had gone the show room for purchase of Duster Car from the said show room, complainant deposited Rs. 1,50,000/- but the present applicant took the money and ran away. When the complainant contacted to the applicant for returning of money the applicant assured him to return the money but not returned. Based on this, offence has been registered against the present applicant.

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 charge-sheet has been filed and the applicant is in jail since 16.11.2019, 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 16.11.2019 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