Rahul Kumar v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.982 of 2020 Rahul Kumar S/o Akshay Kumar Aged About 26 Years R/o Shastri Nagar Ward No.18 Camp - 1 Vijay Kirana Store Chhawni District Durg Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Police SHO Police Station Supela, District Durg Chhattisgarh ---- Respondent For Applicant :

Shri Vijay Kumar Sahu, Advocate For Respondent/State :

Shri Alok Bakshi, Additional A.G.

S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 18/03/2020 Heard.

1. The applicant has been arrested in connection with Crime No.13 of 2020 registered at Police Station- Supela, District Durg (CG) for the alleged commission of offence under Section 420, 34 of IPC.

2. Case of the prosecution is that the applicant defrauded the finance company by depositing spurious metal stating that it is gold. In this manner, it is alleged that by cheating, applicant collected Rs.3,03,600/- from the finance company.

3. Learned counsel for the applicant submits that the allegations against him are false and fabricated and stated that he has not committed any offence. He would further submit that in the present case, the applicant is also willing to compound offence with the company. Further submission is that the applicant is in jail since 08.11.2019 and there is no need for further custodial interrogation.

4. On the other hand, learned State counsel opposes the bail application and submits that according to the information received, charge-sheet has been filed on 21.02.2020. He further submits that the nature and gravity of allegation and that the applicant alleged to have deposited spurious metal

-2stated to be gold, applicant may not be granted bail.

5. Taking into consideration the submission of learned counsel for the parties, particularly taking into consideration the nature and gravity of allegation and further taking into consideration that the amount involved and that the investigation is complete and charge-sheet has been filed and there is no material to show that the applicant is likely to abscond or tamper with the prosecution witnesses, the application is allowed.

6. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court with following further conditions:

(i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha