Bramharishi Kumar Kaiwart v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6313 of 2015 Bramharishi Kumar Kaiwart S/o Late Battu Lal Kaiwartya, Aged About 49 Years R/o Devraha, P. S. Bilaigarh, District Baloda Bazar - Bhatapara ( Chhattisgarh ) ---- Applicant

Versus

State Of Chhattisgarh Through : Station House Officer, Police Station Bilaigarh, District Baloda Bazar - Bhatapara (Chhattisgarh ) ---- Respondent For applicant - Shri V.R. Tiwari, Advocate.

For Respondent/State - Shri Neeraj Jain, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 23/12/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 168/2014 registered in Police Station Bilaigarh Civil and Revenue District Baloda Bazar-Bhatapara (C.G.) for offence punishable under section 420 of Indian Penal Code. 2.

As per the prosecution case, a report was made by one Tarikeshwar Sahu that applicant in order to provide job in Chhattisgarh Rajya Sahkari Samiti as loan consultant received an amount of Rs.70,000/- on 24/04/2013 but job could not be provided, therefore report was made.

3.

Learned counsel for the applicant submits that applicant has deposited entire amount with one Sanjay Anand and Vimal Anand and he has also paid the amount to the said persons and for which he was given appointment letter which was found to be forged along with the complainant. Therefore, he submits that applicant himself has been deceived and is a victim. He further submits that applicant is in jail since 19/10/2015 and charge sheet have been filed, therefore no further

evidence is required, therefore applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail and do not dispute the fact that appointment letter was issued to the applicant as also other two persons including the complainant which was found to be forged and charge sheet in this case has been filed. 5.

Taking into account such statement made that applicant himself was served with appointment letter and also taking into account totality of the facts and circumstances of the case, charge sheet having been filed, no further evidence is required and prima facie it appears that applicant himself has been deceived, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri