Rajesh Singh v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 2574 of 2016

1. Rajesh Singh, S/o. Kamlesh Singh, aged about 40 years, R/o. Shambhupara, District - Patna (Bihar). Present Address : Vypar Vihar Road, Arti Nagar Chowk, Bilaspur, District-Bilaspur (C.G.) ----Applicant

Versus

1. State of Chhattisgarh, Through : S.H.O. - Police Station - Pali, District - Korba (Chhattisgarh) ---- Respondent For Applicant :

Mr. Awadh Tripathi, Advocate For Respondent/State :

Mr. Lav Sharma, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 13/06/2016 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.92/2015, registered at Police Station - Pali, District - Korba (C.G.) for the offence punishable under Section 420, 34 of Indian Penal Code.

2.

Case of the prosecution, in brief, is that the applicant alongwith other co-accused has received an amount of Rs.500/- from the complainant and from other persons with an assurance to return Rs.50,000/- at the time of marriage and Rs.1500/- thereafter per month. The amount was taken under Kanya Kalyan Welfare Society scheme.

Page No.2 3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and no offence has been committed. He further submits that the similarly placed co-accused in this case has been enlarged on bail by the coordinate Bench of this Court in M.Cr.C.No.3551/2015 vide order dated 27.07.2015, therefore, the applicant may be enlarged on bail.

4.

On the other hand, learned counsel for the State opposes the bail application, however, he is not able to dispute the fact that the similarly placed co-accused has been enlarged on bail.

5.

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

Taking into the fact that similarly placed co-accused has been enlarged on bail by the coordinate Bench of this Court in M.Cr.C.No.3551/2015 vide order dated 27.07.2015, I am inclined to release the applicant on bail.

7.

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

8.

It is directed that 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.

9.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram