Pankaj Sharma v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2648 of 2020 • Pankaj Sharma S/o Shri Somnath Sharma Aged About 35 Years R/o Neredmet Cross Road, Sapthagiri Colony, Jj Nagar, Sainikpuri, Secunderabad, Telengana, 500025 ---- Applicant
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station Moudahapara, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------- For Applicant :
Shri Sharad Mishra, Advocate For Respondent/State :
Shri Anand Verma. G.A.
-------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 28.5.2020 1.
Heard.
2.
This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.54/2019, registered at Police Station Moudahaara, District Raipur(CG) for the offence punishable under Sections 420, 467, 468, 471, 201, 34 of the IPC.
3. As per the case of prosecution, the applicant along with other co-accused persons by making forge website and impersonating himself as Narendra Dewangan has obtained a sum of Rs.1.50,000/- from the complainant for securing government job to complainant's son in Railway Department. 4.
Learned counsel for the applicant submits the applicant is innocent and he has not committed any offence. He submits
that there is no direct evidence against the applicant and FIR is delay by one year and there was money transaction between the complainant and the applicant. He further submits that the applicant is in jail since 17.3.2020 and trial may take some time for its final disposal therefore, the applicant may be released on bail.
5.
On the other hand, learned counsel for the State opposes the bail application. He submits that the applicant has impersonated himself as one Narendra Dewangan and committed the offence.
6.
Perused the entire material available on record. 7.
Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and charge sheet has been filed, and trial may take some for its final disposal without further commenting on merits, I am of the opinion that present is a fit case to release the applicant on bail.
8.
Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.
9.
It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.
10.
It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnished in view of
the order passed by the High Power Committee constituted in compliance of the order of the Supreme Court of India dated 23.3.2020 in the matter of In Re : Contagion of COVID 19 Virus in Prisons (Suo Moto Writ Petition (C) No. 1/2020), he need not furnish bail bonds afresh and the bail bonds already furnished shall be deemed to be the bail bonds furnished in compliance of the order of this Court, but if he has not furnished the bail bonds earlier, then he will be required to furnish bail bonds within four weeks from today. 11.
Certified copy as per rules.
Sd/ (Rajani Dubey) JUDGE sunita