Dr. D. S. Dhruv v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7803 of 2017 Dr. D. S. Dhruv S/o Late Shri Parshuram Dhruv, Aged About 56 Years Occupation Duputy Director Veterinary Gariyaband, R/o Patan Dadar P.S. And Tahsil Patewa District Mahasamund, Chhattisgarh, Chhattisgarh --- Petitioner

Versus

State of Chhattisgarh through P.S. E.O.W. Wing Jagdalpur, District Jagdalpur, Chhattisgarh, Chhattisgarh --- Respondent For the applicant :

Mr. P.K.C. Tiwari, Sr. Advocate with Mr. Sashi Bhushan Tiwari, Adv.

For the Respondent :

Mr. Ashish Shukla, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board .01.2018

1. This is second bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 21/2012 registered at Police Station E.O.W., Raipur Wing Jagdalpur (C.G) for the offences punishable under Sections 13(1)(c) & 13(2) of the Prevention of Corruption Act.

2. As per the prosecution case, the present applicant who was working as Deputy Director, Veterinary Kanker has allowed the illegal withdrawal of vehicle transport bills of Rs.94,535/- to one Nisha Kadam and the vehicle was shown to be used in Veterinary department but instead it was deployed in Naxal operations by the police department, therefore, by way of forged bills, the amount has been withdrawn.

3. Learned counsel for the applicant would submit that the charge sheet has been filed on 20.11.2017 and the applicant is in jail since 24.08.2017 and the evidence available in this

case is documentary in nature. He further submits that the other co-accused have been enlarged on bail on anticipatory bail, therefore, the applicant may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application.

5. Considering the facts and circumstances of the case particularly the fact that the charge sheet has been filed; the applicant is in jail since 24.08.2017 and the evidence appears to be documentary in nature, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o