Bhanwarsingh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.3790 of 2015 Bhanwarsingh, aged about 23 years, S/o Puran Singh, R/o Village Sirpur, P.S. Dondilohara, Tahsil Dondilohara, Civil & Revenue District Balod (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through the Station House Officer, P.S. Lalbag, District Rajnandgaon (Chhattisgarh) ---- Non-applicant For Applicant:

Mr. Rakesh Thakur, Advocate.

For Non-applicant:

Mr. O.P. Sahu, Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 28/09/2015

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.105/2015, registered at Police Station Lalbag, Distt. Rajnandgaon, for the offence punishable under Sections 420, 467 and 468 read with Section 34 of the IPC.

2. Case of the prosecution, in brief, is that the applicant and other two coaccused persons misappropriated an amount of Rs.5,93,600/- from a private company known as Indian Agro Food Industries Private Limited and thereby committed the offence.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case. He further submits that co-accused Heera Lal Rawate had already deposited Rs.1,09,000/- with the Manager of the said Company. He also submits that substantive investigation has already been completed and no useful purpose would be served by keeping the applicant in jail. He lastly submits

that the applicant is in jail since 15-4-2015, therefore, he may be released on bail.

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

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, role of the present applicant, his pretrial detention and subsequent deposit made by co-accused Heera Lal Rawate who has been granted regular bail by this Court vide order dated 29-62015 passed in M.Cr.C.No.2809/2015, I am of the view that it is a fit case to enlarge the applicant on regular bail. Accordingly, the application is allowed.

7. It is, therefore, directed that the applicant 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 Court for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) Judge Soma