High Court Of ChhattisgarhMCRC/1346/2016allowed

Ajay Yadav v. State Of Chhattisgarh

2016-03-28Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.1346 of 2016 Ajay Yadav, S/o Mohan Yadav, aged about 25 years, Occupation Businessman, R/o Mohalla Sattipara, Police Station and Tahsil Ambikapur, Civil and Revenue District Sarguja (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through Station House Officer, Police Station Gandhi Nagar, Civil and Revenue Distt. Sarguja (C.G.) ---- Non-applicant For Applicant:

Mr. Rajesh Roshan Singh, Advocate.

For Non-applicant:

Mr. Dheeraj Kumar Wankhede, Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 28/03/2016

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.15/2016, registered at Police Station Ambikapur, Distt. Sarguja, for the offence punishable under Section 420 read with Section 34 of the IPC.

2. Case of the prosecution, in brief, is that the applicant and other coaccused obtained Rs.11,000/- from each of the eleven complainants to secure job for them, through their firm Smart Value and thereby committed the offence.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case. The applicant is in jail since 20-1-2016. The amount due to the complainants has already been returned to them.

4. On the other hand, learned State counsel opposes the application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, role of the present applicant, his pretrial detention, extent of delay in lodging the FIR, the amount is said to have been returned to the complainants and the applicant is in custody from 20-1-2016, I am of the view that it is a fit case to enlarge the applicant on regular bail. Accordingly, the application is allowed.

7. It is, therefore, directed that the applicant 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.

Sd/- (Sanjay K. Agrawal) Judge Soma