High Court Of ChhattisgarhMCRC/2108/2016allowed

Vikrant Shrivastava v. The State Of Chhattisgarh

2016-05-16Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2108 of 2016 • Vikrant Shrivastava, aged about 35 years, S/o Late Shiv Kumar Shrivastava, R/o Kilapara, Distt. Rajnandgaon (CG) ---- Applicant In Jail

Versus

• State Of Chhattisgarh Through Police Station Sihava, Distt. Dhamtari (CG) ---- Non-Applicant For Applicant : Shri Parag Kotecha, Advocate.

For Non-Applicant : Shri Arun Sao, Dy. A.G.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 16/05/2016

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.55/2015, registered in Police Station : Sihava, Distt. Dhamtari for offence under Sections 406, 409, 411, 420, 467, 468, 471, 120B of IPC.

2. It is alleged by the prosecution that Santosh Kumar and Manoj Kumar convinced beneficiary Anil Dhruv and Nirbhay Singh to obtain loan from Antavyavasai Sahkari Vikas Samiti, Dhamtari. Thereafter, the loan was sanctioned in their name, for which margin money was deposited by the present applicant. After purchase of vehicles Maxi Cab and Tata Magic, the applicant retained possession thereof and plied them as taxi. The beneficiaries were not aware of this and never got possession of the vehicles.

3. It is argued by learned counsel for the applicant that C.E.O. of Antavyavasai Sahkari Vikas Samit namely Shri Rohit Ram has already

been released on bail in M.Cr.C.No.6100/15. Similarly, co-accused Shyamrao Udapure and Shivshankar Vishvakarma have been granted bail in M.Cr.C.No.6080/15 and likewise, another co-accused Nirbhay Ram Nishad and Manoj Kumar Suryavanshi have been granted bail in M.Cr.C.Nos.5955/15 and 6567/15 respectively.

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

5. Considering the fact that the offences are triable by JMFC and the other co-accused persons have already been enlarged on bail, this Court is inclined to release the applicant on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- Vacation Judge (Prashant Kumar Mishra) Khan