Bhagwan Singh v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 793 of 2018 • Bhagwan Singh S/o Sri Mahesh Dhruw, Aged About 28 Years, Caste Gond, Arjuni, R/o Village Bhathagaon, P.S. Arjuni D, Tahsil And District Dhamtari Chhattisgarh, District : Dhamtari, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, P.S. Arjuni, District Dhamtari Chhattisgarh, District : Dhamtari, Chhattisgarh ---- Non-applicant For Applicant - Shri R.S. Patel, Advocate.

For State/Non-applicant - Shri Anant Bajpai, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 30/04/2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is second bail application before this Court filed by the applicant for grant of regular bail. His first bail application before this Court has been dismissed as withdrawn and that has not been decided on merits. The applicant has been arrested on 10-09-2017 in connection with Crime No.120/2017 registered at P.S. - Arjuni, District Dhamtari, Chhattisgarh for the offence under Section 420/34 of the IPC.

2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case alleging that he was the main person who has received the amount to arrange for jobs for the siblings of the complainant. Coaccused person has been granted bail. Hence, it is prayed that this applicant may also be enlarged on bail.

3.

Learned counsel for the State/non-applicant opposes the application and submits that the applicant is responsible being the main accused in this case, he has received amounts from the complainant on basis of the inducement give by him for the purpose of procuring jobs for siblings of the

complainant and neither job was arranged, nor the amount was refunded. Hence, this applicant is not entailed for grant of bail. 4.

Heard learned counsel for the parties and perused the case diary. 5.

Case against the applicant is briefly discussed hereinabove. 6.

After due consideration on the entire material present in the case diary, it appears that this applicant has no criminal antecedent and the trial against him is still pending before the concerned court, further the case is triable by the JMFC, hence, for these reasons, I am of this view that this applicant should be released on bail during pendency of the trial against him. 7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil