Shrawan Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 2015 • Shrawan Singh, S/o. Shri Sapuran Singh, aged about 37 years, By Caste Gond, R/o Dumarkachar, Tahsil Pali, P.S. Pali, Distirct Korba, Civil and Revenue District Korba (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through: Station House Officer, Police Station -Pali, District-Korba (CG) ---- Non-Applicant For Applicant:

Shri Awadh Tripathi, Advocate.

For Non-Applicant/State:

Shri Siddharth Rathore, Dy. Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 27/07/2015 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No.92/2015 registered at Police Station - Pali, Distt. Korba for the offence punishable under Section 420/34 of the Indian Penal Code.

(2) Case of the prosecution, in brief, is that applicant & other coaccused persons are alleged to have obtained Rs.8,500/- from the complainants with a promise to return the same with certain benefits, being a member of Kanya Kalyan Welfare Society and, thereby, committed the aforesaid offences.

(3) Counsel for the applicant submits that the applicant has falsely been implicated in the offence in question as there is no evidence on

record to connect the applicant with the offence in question. He submits that within one month of the collection of the money, FIR has been lodged; and the said Kanya Kalyan Welfare Society has been constituted for giving certain welfare purposes and when the said Society delivered such benefits to the complainants, in the meantime, the applicant has been arrested. He further submits that the applicant is in jail since 24.06.2015; and the charge sheet is yet to be filed but substantial investigation has already been made and, therefore, the applicant may be released on bail.

(4) On the other hand, learned counsel for the State opposes the bail application

(5) Taking into consideration the facts & circumstances of the case; further considering the role of the present applicant in the crime in question; and his pre-trial detention; and considering the fact that substantial investigation has already been made; this court is of the view that it is a fit case to release the applicant on bail. Thus, the bail application is allowed.

(6) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-