Shiekh Mohammed Firoj v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7741 of 2017 • Shiekh Mohammed Firoj S/o Shri Shiekh Shahadat Mohammed, Aged About 33 Years R/o Village Pawani, P.S. And Tahsil Bilaigarh, Civil And Revenue District Balodabazar-Bhatapara, Chhattisgarh, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Bilaigarh, Civil And Revenue District Balodabazar-Bhatapara, Chhattisgarh, Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. Sunil Sahu, Advocate.

For Respondent :

Mr. Anupam Dubey, Dy. Govt. Advocate.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 16/01/2018

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 has been arrested in connection with Crime No.312/2016, registered at Police Station- Bilaigarh, District- Balodabazar (C.G.) for the offence punishable under Sections 420, 467, 468, 471/34 of Indian Penal Code (for short 'IPC').

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. Applicant is in jail since 22.11.2017. Applicant had been simply working as Computer Operator in Prathmik Krishi Sakh Sahakari Samiti, Tundari. He is not the beneficiary of the amount alleged to have been defalcated by purchasing excess paddy by the paddy procurement process center.

Page No.2 Similarly, main accused is granted bail by this Court by the Co-ordinate Bench of this Court, hence, it is prayed that applicant may also be enlarged on regular 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. As the case is this, that in the Paddy Procurement Centre, Tundari where applicant had been working as a Computer Operator, excess purchase of paddy of 1096.8 quintal, amounting to Rs.15,39,691/- had taken place which has caused loss to the State Ex-chequer and because of which the real beneficiaries i.e. the farmers of the area, have been cheated. Hence, this case.

6. Considered the submissions made and contents of the case diary. Taking into consideration the facts and circumstances of the case and in particular the fact that co-accused persons of this case have already been granted regular bail by the Co-ordinate Bench of this Court, I am of this view that applicant also deserves to be benefited with grant of 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 trial Court, for his appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha