Rohit Sharma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1898 of 2018 Rohit Sharma S/o Vishwanath Sharma Aged About 25 Years R/o- Ward No. 12, Nehru Nagar, Bhilai-3, P.S. Purani Bhilai, Tahsil & District- Durg, District : Durg, Chhattisgarh --- Petitioner

Versus

State of Chhattisgarh through the District Magistrate, Durg, District : Durg, Chhattisgarh --- Respondent For the applicant :

Mr.Raghavendra Pradhan, Advocate.

For the Respondent :

Mrs. Astha Shukla, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board .04.2018

1. This is fourth bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 231 of 2016 registered at Police Station Durg, Distt. Durg (C.G) for the offences punishable under Sections 420, 467, 468, 471/34 of IPC and sections 66(B), 66(D) & 66(C) of the Information Technology Act.

2. The first bail application was dismissed on 19.9.2016 after hearing on merits. The second one was dismissed on 07.02.2017 and the third one was dismissed on 23.06.2017.

3. As per the prosecution case, one Lokesh Kumar Patil was working in RTO made a report that in between 29.02.2016 and 08.03.2016, RTO tax of 50 vehicles was paid by using his computer ID which he could discover on 09.03.2016 and on enquiry it was found that Rajesh Agrawal, RTO agent and Rohit Sharma, Data Entry Operator of Smart Chip Pvt. Ltd., has committed such offence and forged entry was made by using the ID of Lokesh Kumar Patil.

4. Learned counsel for the applicant submits that the applicant is in jail since 12.04.2016 and one of the co-accused Rajesh Agrawal has been directed to be released on bail under Section 437(6) of the Code of Criminal Procedure in Cr.M.P.No.1352/2017 on 11.04.2018 and the case of the present applicant is similar to that of co-accused Rajesh Agrawal. He further submits that no substantial progress has taken place in the trial, therefore, the applicant may be enlarged on bail.

5. Per contra, learned State Counsel opposes the bail application. However, he is not able to dispute the fact that co-accused Rajesh Agrawal has been granted bail under the provisions of section 437(6) of Cr.P.C., in Cr.M.P.No.1352/ 2017.

6. Considering the fact that the appellant is in jail since 12.04.2016 and co-accused Rajesh Agrawal has been enlarged on bail by this Court on 11.04.2018 passed in Cr.M.P.No.1352/2017, I am inclined to allow this bail application.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o