Manish Singh v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 4150 of 2016

1. Manish Singh, aged about 35 years, S/o. K.B. Singh, By OccupationAssistant Grade-2, Clerk, in the office of Vikaskhand School Officer, Dongargarh, R/o. Radhika Nagar, Tahsil Dongargarh, District - Rajnandgaon (C.G.) ----Applicant

Versus

1. State of Chhattisgarh, Through : Anti Corruption Bureau, Raipur, District - Raipur (C.G.) ---- Respondent For Applicants : Dr. N.K. Shukla, Sr. Advocate with Mr. Parag Kotecha, Advocate For Respondent/State : Mr. Satish Gupta, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 27/07/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.53/2016, registered at Police Station - ACB, Raipur, District - Raipur (C.G.) for the offence punishable under 7, 13 (1) d, 13 (2) of Prevention of Corruption Act, 1988.

2.

Case of the prosecution, in brief, is that the applicant was working in the office of Block Development Officer, Dongergarh. The complainant, Satish Singh, is working as Shikshakarmi and his salary was not released as such, he requested the applicant for release of his salary and in lieu thereof, the applicant demanded Rs.5,000/- and ultimately it was settled on Rs.4,000/-. The voice transcription was recorded and subsequently, the applicant was red

Page No.2 handed.

3.

Learned counsel for the applicant submits that in all over State, the salary of Shikshakarmi are not being released and the applicant has no power to release the salary, he is only office Assistant Grade-II and the applicant has been falsely implicated in this case. It is further submitted that the applicant is in jail since 28.06.2016, therefore, he may be enlarged on bail.

4.

On the other hand, learned counsel for the State opposes the bail application.

5.

I have heard learned counsel appearing for the parties. 6.

Perused the case diary. Case diary also contains the voice transcription, which was made prior to the payment of money. Considering the evidence available in this case and the fact that the matter is still under investigation, I am not inclined to release the applicant on bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is dismissed.

Sd/- (Goutam Bhaduri) Judge Balram