Dilip Kumar Saluja @ Bulthi v. State Of Chhattisgarh
Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1245 of 2018
1. Dilip Kumar Saluja @ Bulthi S/o Shri Shriram Saluja Aged About 50 Years R/o.- Main Road Lormi Ward No.-6, P.S. Lormi, District- Mungeli, Chhattisgarh., District : Mungeli, Chhattisgarh
2. Harjeet Singh @ Gangu S/o Kasturilal Saluja Aged About 40 Years R/o.- Main Road Lormi Ward No.-6, P.S. Lormi, District- Mungeli, Chhattisgarh., District : Mungeli, Chhattisgarh
3. Kamaljeet Saluja @ Guddu S/o Kasturilal Saluja Aged About 35 Years R/o.- Main Road Lormi Ward No.-6, P.S. Lormi, District- Mungeli, Chhattisgarh., District : Mungeli, Chhattisgarh ---- Applicants
Versus
• State Of Chhattisgarh Through- The Station House Officer, Police Station- Lormi, District- Mungeli, Chhattisgarh., District : Mungeli, Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :
Mr. Shailendra Dubey, Advocate.
For Respondent :
Mr. Aditya Sharma, Panel Lawyer.
------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 28/02/2018
1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who have been arrested in connection with Crime No.282/2017, registered at Police Station - Lormi, District- Mungeli(C.G.) for the offence punishable under Sections 384, 506/34 of the Indian Penal Code and Sectio 4 of Chhattisgarh Rine Ka Sanrakshan Adhiniyam and Section
Page No.2 66, 66C of IT Act.
2. Learned counsel for the applicant submits that applicants are innocent and have been falsely implicated in this case. No case is made out against them, on the basis of the material present in the charge-sheet. The offence against the applicants is triable by JMFC. Applicants are in jail since 19.1.2018. Hence, it is prayed that applicants be enlarged on regular bail.
3. Learned State counsel opposes the bail application and submissions made in this respect. No case is made out for grant of bail.
4. Heard both the parties and perused the case diary.
5. In a complaint made by Dursiya Bai, it is alleged that her husband Purshotttam Lal Sahu has borrowed amount of Rs.1,80,000/- from the applicants for which the applicants had obtained the ATM card, pass book and cheque book from her husband as security, but they used the same to withdraw the monthly salary of her husband. It is alleged that almost 4 times the amount borrowed has been withdrawn by the applicants from the account of Purshottam Lal Sahu, then Purshottam Lal Sahu requested to return the pass book, ATM card and cheque book to the applicants, but they refused and threatened him with the dire consequences, on that basis FIR has been lodged.
6. Considering the submissions made and the contents of the case diary in this respect. As the case is triable by JMFC and the charge-sheet has already been filed and no purpose would be served if the applicants are kept in detention till the conclusion of trial, hence, it is a fit case for grant of bail.
7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicants shall be released on bail on
Page No.3 their furnishing a personal bond for a sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.
8. Certified copy tomorrow.
Sd/- (Rajendra Chandra Singh Samant) Judge Nisha