Vikas Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No.613 of 2021 Vikas Kumar S/o Shri Mithlesh Pandit Aged About 23 Years R/o Village Bhoukilpar, Police Station Hilsa, District Nalanda (Bihar), District : Nalanda, Bihar ---- Appellant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Cyber Cell, Headquarter New Raipur (Chhattisgarh), District : Raipur, Chhattisgarh ---- Respondent Shri Jitendra Shukla, counsel for appellant.

Lalit Jangde, Dy.GA for State.

Division Bench: Hon'ble Shri Justice Manindra Mohan Shrivastava & Hon'ble Smt. Justice Vimla Singh Kapoor Order On Board 30/06/2021 1.

This appeal is directed against the order dated 30-03-2021 passed by the NIA Court rejecting bail application filed by the appellant in connection with Crime No.02/2020 registered at Police Station Cyber Cell, Headquarter New Raipur, Chhattisgarh and the appellant is co-accused in the aforesaid case wherein offences under Section 420, 465, 468, 471, 34, 120-B, 489-A, 489-D, 489-E of IPC and Section 66(C) and 66(D) of IT Act, 2000 have been registered against him and he has been arrested on 29-01-2021. 2.

Learned counsel for the appellant would argue that as far as the present appellant is concerned, he stands on better footing than other accused namely namely Sanjeet Kumar Tanti, Ramlagan and Anjali Kumari, who have been granted bail by this Court vide order dated 25-06-2021 passed in Cr.A.No.364 of 2021 and other connected matters. It is further argued that no seizure has been made from his possession and the present appellant is involved in the commission of offence only being associate of Ramlagan. . 3.

On the other hand, learned State counsel would submit that from the possession of appellant, computer has been seized. It is further argued that prima facie case is made out against the appellant as he being the associate of

accused-Ramlagan.

4.

Taking into consideration the submission of learned counsel for the parties, particularly taking into consideration that this Court has allowed the appeal of appellants-Sanjeet Kumar Tanti, Ramlagan Kumar @ Ayush and Anjali Kumari (Criminal Appeal No.364, 425 & 492 of 2021) vide order dated 25-06-2021 and further taking into consideration that from the possession of the appellant, no seizure has been made from the present appellant, only computer is alleged to have been seized from the appellant, which does not contain any material concerning fake currency nor fake currency has been seized nor any other material for printing fake currency has been seized, investigation is complete, charge sheet has been filed and the appellant is in jail since 29-01-2021 and there does not appear to be material progress in trial, the appellant is entitled to be released on bail. 5.

Accordingly, this appeal is allowed. The impugned order dated 30-03-2021 passed by the trial Court is set aside. It is directed that the appellant shall be released on bail on furnishing personal bond in the sum of Rs.50,000/- along with two local sureties for the like amount to the satisfaction of the Trial Court on the condition that :

(a) He shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

(b) He shall not make any attempt to tamper with the prosecution witnesses. SD/- SD/- (Manindra Mohan Shrivastava) (Vimla Singh Kapoor) Judge Judge Tumane