Ravi Shankar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.2326 of 2016 Ravi Shankar S/o Sunder Sai, aged about 28 years, R/o Maharajpur, PS Podi, Tahsil Manendragarh, Dist. Korea (CG) ---Applicant

Versus

State of Chhattisgarh, through the Station House Officer, Police Station Manendragarh, Dist. Korea (CG) ---Non-applicant For Applicant :

Mr. B.D.Guru, Advocate For Non-applicant :

Mr. Dhiraj K. Wankhede, G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 30/05/2016 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.254/2015, registered at Police Station-Manendragarh, District-Korea (CG), for the offence punishable under Sections 409, 420, 467, 468 and 471 read with Section 34 of the IPC.

2.

Case of the prosecution, in brief, is that co-accused Ramji Vaishya colluded with other co-accused persons between 29.12.2012 to 1.9.2014 and withdrew an amount of 9,06,900/- from Gram Panchayat ₹ Salhi.

3.

Learned counsel for the applicant submitted that the applicant has not committed any offence. It is further submitted that whatever payments have been made by Gram Panchayat are towards supply already made to Gram Panchayat by concerned contractor Ramji Vaishya. It is further submitted that investigation is completed,

charge-sheet has been filed and further interrogation of the applicant is not necessary. Lastly, it is submitted that co-accused Ramji Vaishya has already been granted regular bail by co-ordinate Bench of this Court vide order dated 8.3.2016 in M.Cr.C.No.2326 of 2016 on similar consideration. 4.

On the other hand, learned counsel for the State opposes the bail application.

5.

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

6.

Taking into consideration the facts & circumstances of the case, nature and gravity of the offence, extent of delay in lodging the F.I.R., pre-trial detention of the applicant, the fact that charge-sheet has already been filed and no further interrogation is required, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

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

8.

It is directed that the applicant shall 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 trial Court, for his appearance as and when directed.

Sd/- (Manindra Mohan Shrivastava) VACATION JUDGE B/-