Pradeep Chandrakar v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 561 of 2018 Sanjay Kumar Chandrakar, S/o Late Shri Vishv B Mohan Chandrakar, aged about 28 years, R/o Professor Colony, Police Station Purani Basti Raipur, Tahsil, Civil and Revenue District- Raipur (C.G.) ---- Applicant
Versus
State of Chhattisgarh, through - Police Station Mahasamund, Civil and Revenue District- Mahasamund (C.G.).
---- Respondent AND MCRC No. 651 of 2018 Pradeep Chandrakar, S/o Late Shri Ganga Ram Chandrakar, aged about 55 years, R/o House No. 819, Sundar Nagar, Dist. Raipur (C.G.). ---- Applicant
Versus
State of Chhattisgarh, through - Police Station Mahasamund, Civil and Revenue District- Mahasamund (C.G.).
---- Respondent For Applicant :
Mr Punit Ruparel, Adv. (in MCRC No. 561/2018) For Applicant :
Mr. Manish Sharma, Adv. (in MCRC No. 651/2018) For Respondent :
Mr. Neeraj K. Sharma, Dy. Govt. Advocate and Mr. UKS Chandel, Panel Lawyer Hon'ble Shri Justice Arvind Singh Chandel Judgment on Board 22/03/2018 1.
Heard.
2.
Since both the cases arise out of same Crime number, therefore, they
are being disposed of by this common order.
3.
The applicants have preferred first bail application (in both the cases) under Section 439 of the Cr.P.C for grant of regular bail as they are arrested in connection with Crime No. 390/2016 registered at Police Station- Mahasamund,Dist. Mahasamund (C.G.) for the offence punishable under Sections 420, 467 & 468 of IPC (in MCRC No. 561/2018) and under Section 420/34 of IPC (in MCRC No. 651/2018). 4.
Allegation against these applicants are that they have cheated the complainants for a sum of Rs. 16,60,000/- on the pretext of job assurance in Railways and have issued appointment letter on their names which was found forged documents. On the basis of complaint dated 04/08/2016, a FIR was registered and applicant - Sanjay Kumar Chandrakar and applicant - Pradeep Chandrakar were arrested on 06/12/2017 & 11/11/2017, respectively.
5.
Learned counsel appearing on behalf of the applicants submits that the applicants have been falsely implicated in the present case, chargesheet has been filed, applicant - Sanjay Kumar Chandrakar and applicant - Pradeep Chandrakar are in custody since 06/12/2017 & 11/11/2017, respectively, and the trial will likely to take some time to conclude, therefore, they may be released on bail. 6.
Per contra, learned counsel appearing on behalf of the State opposes the bail applications.
7.
I have heard learned counsel for both the parties. 8.
Considering the facts and circumstances of the case, particularly
considering that the matter is triable by the Judicial Magistrate First Class; charge-sheet has already been filed; they are in custody since since 06/12/2017 & 11/11/2017 and the trial will likely to take some time, without further commenting on merit of the case, this court is inclined to release the applicants on bail.
9.
Accordingly, MCRC. No. 561/2018 & MCRC No. 651/2018 are allowed.
10.
It is directed that the applicants shall be released on bail on each of them executing personal bond for a sum of Rs. 20,000/- with one surety for the like sum to the satisfaction of the trial Court. Thereafter, they will appear before the Trial Court on each and every date as are given to them by the said Court in this regard. Sd/- Judge Arvind Singh Chandel Rahul