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High Court Of ChhattisgarhMCRC/1420/2019allowed

Shankar Lal Sahu v. State Of Chhattisgarh

2019-05-24Hon'Ble Smt. Justice Rajani Dubey3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 1420 of 2019 Shankar Lal Sahu, S/o- Late Mahettar Lal Sahu, Aged about 50 years, R/o - Sheetala Mandir, Mahamayapara, Purani Basti, Raipur, District Raipur (C.G.) (In-jail) ---- Applicant

Versus

State of Chhattisgarh, Through Station House Officer, Police Station Purani Basti, District Raipur (C.G.) ----Respondent For Applicant : Mrs. Smita Jha, Advocate For Non-applicant :

Mr. I. Lakra, Deputy Government Advocate.

Hon'ble Smt. Justice Rajani Dubey Order On Board 24/05/2019 (1) The accused/applicant has moved 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. 61/2018 registered at Police Station Purani Basti, Distt. Raipur (C.G.) for the offence punishable under Section 420 of the Indian Penal Code. (2) Case of the prosecution, in brief, is that present applicant obtained Rs.10,00,000/- in 7-8 installments from the complainant in order to secure employment for the complainant on the post of Hostel Superintendent in the Aadim Jati Kalyan Vibhag, and thereby committed the aforesaid offence. (3) Learned counsel appearing for the applicant would submit that the applicant is innocent person and he has falsely been implicated in the crime in question. He

further submits the applicant is languishing in jail since 6.8.2018 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 nature and gravity of the offence, facts & circumstances of the case, and further considering the facts that applicant is in detention since 06.08.2018; charge sheet has already been filed and the trial is likely to take some time for its final disposal, this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed. (7) 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. Certified copy, as per rules.

Sd/- (Rajani Dubey) Vacation Judge D/-