Bedram v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1282 of 2018 • Bedram S/o Bhrat Lal Verma Aged About 30 Years R/o.- Khapradih, P.S. Suhela, Tahsil- Simga, District- Baloda Bazar- Bhatapara (C.G.), District : Balodabazar-Bhathapara, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- The Station House Officer Suhela, District- Baloda Bazar- Bhatapara, Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. Amiyakant Tiwari, Advocate.

For Respondent/State :

Mr. Anil S. Pandey, Govt. Advocate.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 24/04/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.87/2017, registered at Police Station- Suhela, District - Baloda Bazar-Bhatapara(C.G.) for the offence punishable under Section 409 of the Indian Penal Code.

2. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case. Applicant is in jail since 2.10.2017. After completion of investigation, charge-sheet has been filed. The case is pending before Judicial Magistrate First Class, Simga and the trial is likely to take some time before its conclusion, hence, it is prayed that he may be released on regular bail.

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3. Learned State counsel opposes the bail application and submissions made in this respect. It is submitted that looking to the evidence present against him in this case he is not entitled for grant of bail.

4. Heard both the parties and perused the case diary.

5. According to the prosecution case, this applicant in capacity of Branch Manager of Shri Ram Finance Corporation Pvt. Ltd. was responsible for receiving the installments from various borrowers. It is alleged that this applicant received the payment of installments from various borrowers of corporation and also issued (kachcha) manual receipts against them. Instead of depositing the collection in the account of the corporation, he is embezzled the same. After lodging the FIR by Saleem Ahmad it has been found in the investigation that applicant has embezzled an amount of Rs.5,47,970/-.

6. After due consideration, it is found that applicant is in jail since quite some time, the trial against him is still pending and looking to the delay in conclusion of trial, I am of this view that he should be granted 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 Court, for his appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha