Surendra Kumar Borker v. The State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1703 of 2020 • Surendra Kumar Borker S/o Late Bhaiyalal Borker, Aged About 59 Years, By Caste Mahar, R/o Shanker Nagar, Goura Chowk, Ward No. 11, District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Applicant

Versus

• The State of Chhattisgarh, through Police Station Dongargarh, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ----Non-applicant For Applicant - Shri Parag Kotecha, Advocate. For Non-applicant/State - Smt. Hamida Siddiqui, Deputy Advocate General. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 15-05-2020 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 06-02-2020 in connection with Crime No.506/2019 registered at P.S. -Dongargarh, District Rajnandgaon, Chhattisgarh for the offence under Section 420, 467, 468, 471, 120B/34 of the IPC.

2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. The applicant is in jail since 06-02-2020. No case is made out against him. Hence, it is prayed that the applicant may be granted bail.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the documents. 5.

As alleged, this applicant in capacity of Branch Manager has in the year 2013 in collaboration and connivance with other persons sanctioned KCC loans on the basis of fake documents in favour of fake persons, then the amount so withdrawn was misappropriated by the applicant and others. Hence,

-2this case.

6.

Considering that the charge sheet has been filed and the case is pending for trial and there is likelihood of delay in conclusion of the trial, I feel inclined to allow this application.

7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. 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 Court, for his appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil