Vineet Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 999 of 2018 Vineet Kumar, S/o. Shri N.G. Unnittam, Aged About 29 Years, R/o. H.No. 218/H, Risali Sector, Bhilai, Tahsil- Bhilai, P.S. Newaie, Civil And Revenue District Durg, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through P.S. Chirmiri, Civil And Revenue District Koria Baikunthpur Chhattisgarh.

---- Respondent For Applicant : Mr. J.A. Lohani, Advocate For State/respondent : Mr. Anil S. Pandey, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 10/04/2018 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.390/2017, registered at Police Station - Chirmiri, District - Koria - Baikunthpur (C.G.), for the offence punishable under Section 409, 420 of the Indian Penal Code. 2.

It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. Applicant is in jail since 01.11.2017. Charge-sheet in this case has been filed and no case is made out against this applicant on the basis of the material present in the charge-sheet. As the case is now before the trial Court and the trial is likely to take sometime for its conclusion. Hence, prayed that the applicant may be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect. 4.

I have heard the learned counsel for both the parties and perused the case diary.

5.

According to the prosecution case, the applicant was a collection agent of M/s. E. Genesis Financial Solutions Com. at Chirmiri. During the course of this job, the applicant made some collection and out of the same he has not deposited Rs.80,000/- with the finance company and thus has misappropriated the amount collected by him and cheated the finance company. Hence, this case.

6.

Considered on the submissions made and the contents of the case diary. The applicant does not have any criminal antecedents and he is local resident of District - Durg and there is no likelihood of his absconsion. As the case is presently before the trial Court and the trial is likely to take sometime, hence for these reasons, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that 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 trial Court, for his appearance as and when directed.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram