Bachan Ram Sandilya v. State Of Chhattisgarh
Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 831 of 2018 • Bachan Ram Sandilya S/o Late Sonsai Ram Sandilya Aged About 54 Years Caste Gond, R/o Markadand, Police Station Rajpur District Balrampur Chhattisgarh, District : Balrampur, Chhattisgarh ---- Applicant
Versus
• State Of Chhattisgarh Through Police Station Dhourpur District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :
Mr. Pushpendra Kumar Patel, Advocate.
For Respondent/State :
Mr. Anupam Dubey, Dy. Govt. Advocate.
------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 11/04/2018
1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.47/2016, registered at Police Station- Dhaurpur, District - Surguja(C.G.) for the offence punishable under Sections 420 & 467/34 of the Indian Penal Code.
2. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 7.7.2017. After completion of investigation, charge-sheet has been filed. No case is made out against him as he was working as in-charge clerk of the concerned bank and he himself was not directly responsible for verification of signatures on the withdrawal forms, hence, no case is
Page No.2 made out against him. It is prayed that he may be enlarged on regular bail.
3. Learned State counsel opposes the bail application and submissions made in this respect. It is submitted that this applicant was instrumental in misappropriation of Rs.14,88,135/- and Rs.10,85,880/- through a transfer voucher without verifying the signature from the specimen signatures, hence, it is an economic offence. Further, application of co-accused Govind Singh has been rejected twice by the co-ordinate Bench of this Court and therefore this applicant is also not entitled for grant of regular bail.
4. Heard both the parties and perused the case diary.
5. The case against the applicant and co-accused Govind Singh is this, that bonus amount of Rs.24,90,780/- for paddy purchased during the year 2014, was withdrawn and misappropriated by them. The SubRegistrar, Co-operative Society made a written complaint and on that basis a case was registered against the applicant and co-accused.
6. The case is presently pending before the trial Court and the trial against the applicant is likely to take some more time for its conclusion. Even if the applicant is held responsible for the misappropriation that will be dealt with by the trial Court for committing him for the offence. No purpose would be served to keep the applicant in detention till the conclusion of trial, hence, for this reason, I am inclined to grant regular bail to the applicant.
7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his
Page No.3 appearance as and when directed.
Sd/- (Rajendra Chandra Singh Samant) Judge Nisha