Shankar Lal Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1787 of 2019 • Shankar Lal Sahu, S/o Late Mahettar Lal Sahu, Aged about 50 years, R/o Sheetala Mandir Mahayapara, Purani Basti Raipur, District Raipur (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer Police Station Tikrapara, District Raipur (C.G.).

---- Respondent For Applicant : Mrs. Smita Jha , Advocate.

For Respondent/State : Mr. KK Dewangan, Dy. G.A.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 16/05/2019

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime no. 167/2018, registered at Police Station Tikrapara, District Raipur (C.G.) for the offence punishable under Sections 420 & 34 of the IPC.

2. As per the prosecution story, the applicant along with other coaccused for providing job in Hostel Superintendent, obtained Rs. 14,50,000/- from the complainant and for the same purpose they also obtained Rs. 4,00,000/- from the nephews of one Dilip Kumar Kanwar but, nor they provided them any job nor returned their money. A complaint has been lodged by Smt. Chandrika Sahu. On the basis of said complaint, offence has been registered. The applicant is in custody since 19.04.2018.

3. Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the present

case. She further submits that there is no direct evidence available on record with regard to obtaining money. The applicant is in custody since 19.04.2018, charge-sheet has already been filed and trial is likely to take some time, therefore, the applicant may be released on bail.

4. Per contra, learned counsel appearing on behalf of State opposes the bail application.

5. I have heard learned Counsel for both the parties.

6. Considering the fact and circumstances of the case, evidence collected by the prosecution and further considering the fact that the applicant is in custody since 19.04.2018, charge-sheet has already been filed and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 25,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Shubham Judge