Gulab Sonwani v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1269 of 2018 • Gulab Sonwani S/o Shankar Das Sonwani Aged About 30 Years R/o.- Village- Borgahan, Police Station- Ranchirai, District- Balod (C.G.), District : Balod, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Ranchirai, District- Balod (C.G.), District : Balod, Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. Sanjay Agrawal, Advocate.

For Respondent/State :

Mr. Vinod Tekam, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 17/04/2018

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.93/2017, registered at Police Station- Ranchirai, District - Balod(C.G.) for the offence punishable under Sections 420/34 of the Indian Penal Code.

2. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case. Applicant is in jail since 16.11.2017. The main accused in this case namely Lalit Kosre has been granted bail by the trial Court itself whereas no inducement was given by this applicant to the complainant in this case for making the payment neither he has given any assurance of getting appointment for the son of the complainant, no case is made out against this applicant. Hence, it is

Page No.2 prayed that he may be released on bail.

3. Learned State counsel opposes the bail application and submissions made in this respect.

4. Heard both the parties and perused the case diary.

5. According to prosecution case, main accused Lalit Kosre gave inducement to the complainant Ram Kumar Deshlahre on December, 2016 that he is capable of getting his son appointed in government service and demanded Rs. 4 lakhs as gratification. He received cheque of Rs.2 lakhs from the complainant which was later on given to this applicant and he he helped in getting the cheque amount deposited in the bank account of Lalit Kosre and after withdrawing the same he himself has received share from the amount so received.

6. Considered on the entire material present in the case diary, looking to the role played by this applicant and getting the cheque deposited and withdrawing the same which is not a part of the main offence that has been committed, I am of this view that this is a fit case where applicant should be released on regular bail.

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 appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha