Dinesh Chandra Mandal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1880 of 2016 Dinesh Chandra Mandal S/o. Late Dulal Chandra Mandal, aged about 31 years, resident of Sanjay Nagar, Mahavirpur, Police Station Jaynagar, Tahsil and District Surajpur (C.G.) ---- Applicant

Versus

State of Chhattisgarh Through Station House Officer, Police Station Gandhinagar, District Surguja (C.G.) ---- Respondent For Applicant :- Mr. Ajay Kumar Pandey, Advocate For Respondent/ State :- Mr. Neeraj Sharma Dy. Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 20/06/2016 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. 90/2014 registered at Police Station- Gandhinagar, District Surguja (C.G.) for the offence punishable under Sections 420,34 of Indian Penal Code.

2.

Case of the prosecution in brief, is that the applicant was running paramedical courses in the name of Chhattisgarh Technical Institute at Ambikapur and was imparting education for admitting the students for which a written report was made and on the investigation it was found that the applicant was running the institution for education of DMLT and DMRT courses and the applicant was not having any authority or permission to run the institution, thereby the offence has been committed.

3.

Counsel for the applicant submits that the applicant was only running a branch and the original institution was being run at Bhilai. He further submits that the applicant has been falsely implicated and the charge sheet has been filed in this case and no further investigation is necessary, therefore, the applicant may be enlarged on bail 4.

Per contra State counsel opposes the prayer for grant of bail. 5.

Considering the nature of allegation and the fact that the chargesheet has been filed and no further investigation is necessary, taking into the fact that it appears all the evidence are documentary in nature and further considering the detention of the applicant as he is in jail since 14.01.2016, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for her appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Santosh