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High Court Of ChhattisgarhMCRC/2056/2021allowed

Harendra Sahu v. State Of Chhattisgarh

2021-07-20Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2056 of 2021 Harendra Sahu, S/o. Shri Punitram Sahu, Aged About 42 Years, R/o. Village Gadaghat, P.S. Panduka, Tahsil And District Gariyaband (Chhattisgarh) Present Address Laxmi Nagar, P.S. Tikarapara, Tahsil And District Raipur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh, Through Police Station Gobra Navapara, District Raipur (Chhattisgarh) ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Devershi Thakur with Mr. Tarun Dansena, Advocates For Respondent :

Mr. Pawan Kesharwani, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri

ORDER

20.07.2021 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.52/2019 registered at Police Station- Gobra Navapara, District Raipur, for the offence punishable under Section 420 of Indian Penal Code. 2.

As per the prosecution case, in order to provide the Government job initially the applicant received an amount of Rs.1,20,000/- from the complainant Mahendra and thereafter, another amount of Rs.25,000/- was received; thereby total Rs.1,45,000/- was received to provide the Government job.

3.

Learned counsel for the applicant would submit that compromise has been effected in between the applicant and the victim and the charge sheet has been filed and no further investigation is necessary; therefore, the applicant may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

On the earlier date, State counsel was directed to enquire as to how many other victims are there in this case. He submits as per the information received that no other victims are there except the complainant.

6.

Considering the fact that the applicant has entered into compromise as per the document which is placed on record and further considering the nature of allegation and the fact that charge sheet has been filed, I am inclined to release the applicant on bail. 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