Devcharan Chandra, v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1754 of 2021 • Devcharan Chandra, S/o Shri Damodar Chandra, Aged About 28 Years R/o Village Sarasadol, Post Pihreed, Police Station Maalkharoda, District - Janjgir Champa Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through - Police Station Vidhansabha Raipur Chhattisgarh.

---- Non-applicant For Applicant : Shri Devarshi Thakur, Advocate.

For Non-applicant : Shri Anand Verma, Dy. Government Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order On Board 24.05.2021 1.

The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail as he is in jail since 05.02.2021 in connection with Crime No. 51/2021 registered at Police Station Vidhansabha, Raipur (C.G.) for the offence punishable under Section 420 of IPC.

2.

Case of the prosecution, in brief is that the applicant has secured government job on the post of computer operator with the help of fake appointment letter. The investigation was conducted and offence under Section 420 IPC was registered against him.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case, in fact, he has been

defrauded by one Umesh Chandra. The applicant has also intimated details of Umesh Chandra to the police station. He would further submit that the applicant is a permanent resident of Janjgir and there is no possibility of the applicant to flee from the State, he is in jail since 05.02.2021 and conclusion of trial is likely to take some time, therefore, he may be released on bail.

4.

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

5.

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

6.

Considering the facts and circumstances of the case, nature of the charge leveled against the applicant and the fact that the applicant is in jail since 05.02.2021, the offence is triable by the Judicial Magistrate First Class, charge sheet has been filed and there is no likelihood of the applicant tampering with the evidence and that conclusion of the trial may take some time, without commenting anything on merits of the case, I am of the opinion that it is a fit case to grant bail to the applicant. 7.

Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on his executing a personal bond for a sum of Rs. 50,000/- with two sureties of Rs. 25000/- each to the satisfaction of the concerned trial Court. He shall appear before the trial Court on each and every date given by the said trial Court, till disposal of the trial.

Sd/- (Narendra Kumar Vyas) Vacation Judge kishore