Hemant Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 201 Hemant Tiwari, S/o Late Ayodhya Prasad Tiwari, aged about 32 years, R/o Village Kandarka, Post Limtara, Tahsil Dhamdha, Distt. Durg (C.G.) ---- Applicant

Versus

State Of Chhattisgarh: Through District Magistrate, Distt. Durg (C.G.) -----Respondent For Applicant:

Mrs. Fouzia Mirza, Advocate.

For Respondent/State:

Mr. Aditya Sharma, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 3 /201 Heard.

(1) The accused/applicant has preferred this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No.16/2016 registered at Police Station -Kumhari, Distt. Durg for the offence punishable under Section 420 of Indian Penal Code. (2) Case of the prosecution, in brief, is that on 18.12.2013 applicant obtained Rs.4,05,000/- from 9 complainants in order to secure employment for them in the J.K. Laxmi Cement, Malpuri, Ahiwara and thereby committed the aforesaid offences. (3) Counsel for the applicant submits that the applicant has deposited the amount, which was alleged to be given on 18.12.2013 and there is no receipt for the said amount; and applicant himself is the victim of crime as one Aarnik Singh had

given assurance to him that he & his brother would be provided job in the said Company and received Rs. 60,000/- from them, but till date no job has been provided to them and a report to this effect has also been lodged by the present applicant on 7.1.2016 but no action was taken by the police authorities thereon. She would further submit that the applicant is languishing in jail since 11.01.2016; and the charge sheet has already been filed and, therefore, the applicant may be released on bail. (4) On the other hand, counsel for the State opposes the bail application.

(5) Taking into consideration the facts & circumstances of the case; extent of delay in lodging the FIR; his detention period and considering the fact that charge sheet has already been filed; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed. (6) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to 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/- (Sanjay K. Agrawal) Judge D/-