Ajay Kumar Dewangan v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 868 of 2018 • Ajay Kumar Dewangan, Aged About 30 Years, R/o Q.No. 146 Nehru Nagar, East Bhilai, District Durg, Present Address Ward No. 13 Danteshwari Para, Dongargarh, P.S. Dondargarh, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer Police Station Basantpur District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh ---- Non-applicant For Applicant - Mr. Manoj Kumar Jaiswal, Advocate. For Non-applicant/State - Ms. K. Tripti Rao, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 03-04-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 08-12-2017 in connection with Crime No.440/2017 registered at P.S. Basantpur, District Rajnandgaon, Chhattisgarh for the offence under Section 420 of IPC.

2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 08-12-2017. No case is made out against this applicant on the basis of material present in the charge sheet filed against him. The case against this applicant is of civil nature. Hence, he may be released on bail.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

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

The FIR was lodged by one complainant Ku. Jyoti Sonkar that she deposited Rs.11,000/- with this applicant to receive computer training in the computer training center run by this applicant. About 20 other students also

-2made similar deposits and the period of training was of one year, but, before completion of the training the applicant closed down the training center and went in hiding. Hence, this case.

6.

Considered on the entire material present in the case diary. Looking to nature of the case and the fact that the applicant is local resident of Dongargarh, District Rajnandgaon, whose availability before the trial Court can be ensured by imposing conditions, hence 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