Kamal Markam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 245 of 2020 • Kamal Markam S/o Gundhar Markam Aged About 32 Years R/o Village Kosambuda, Police Station Chhura, District Gariyaband Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Gariyaband, District Gariyaband Chhattisgarh ---- Respondent For Applicant : Shri Mohd. Afroz Athar, Advocate For Respondent/State : Shri Vinod Tekam, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 24/02/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.170/2019 registered at police station Gariyaband, District Gariyaband (CG) for the offence punishable under Section 420 IPC.

As per prosecution case, a report was lodged by the complainant alleging that the applicant has borrowed Rs. 2,40,000/- from his nephew for providing job in the police department. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the applicant is in jail since 01.12.2019; the charge sheet has been filed and looking to the

conduct of the prosecution, it is clear that the trial will take time for its conclusion.

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

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna