Vasim Raja v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3755 of 2016 Vasim Raja, S/o. Mohd. Yusuf, Aged About 30 Years, R/o. Tarbahar, P.S. Tarbahar, Tahsil & District Bilaspur, Chhattisgarh. ---- Applicant
Versus
State Of Chhattisgarh, Through the Station House Officer, Police Station Civil Lines, Bilaspur, Chhattisgarh.
---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :
Mr. H.S.Ahluwalia, Advocate For Respondent :
Mr. Neeraj Kumar Sharma, Dy. G.A.
--------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 22.07.2016 1.
This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.233/2016 registered at Police Station- Civil Lines, Bilaspur (C.G.) for the offence punishable under Section 506, 507, 384, 465, 467, 468, 471/34 of Indian Penal Code.
2.
Case of the prosecution, in brief, is that a report was made by one Dr. Kamlesh Kumar Mourya on 07.04.2016 that he received a letter in his Hospital on 02.04.2016 for demand of Rs.10 Lakhs and subsequently again on 03.04.2016 another letter was received and Rs.12 Lakhs demanded otherwise he will be shoot and further the amount was enhanced to Rs.13 Lakhs and at the same time the phone call was also made on 11.04.2016 from the Mobile No.8085107379 to the complainant Dr. Mourya and the amount was demanded. During investigation, it was found that the applicant obtain the same in the name of Sanjeet Kumar Banjare who was
his employee and by false fabricating such call was made in other Sim.
3.
Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and it is completely improbable story that such call could have been made only on 43 second and the entire dispute is of money transaction. He further submits that under the facts of this case, the case under Section 384 would not made out and only effort has been made to put the complainant under fear; therefore, the applicant may be released on bail.
4.
Per contra, learned State counsel opposes the prayer for grant of bail.
5.
Perused the case diary and the statement. Considering the facts of this case, the demand was made. Taking into facts and circumstances of the case, nature of allegation and degree of offence, without any observation on merit, I am inclined to release the applicant on bail.
6.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.
7.
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/- (Goutam Bhaduri) Judge Ashok