Manish Kumar Meshram v. The State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6522 of 2015 Manish Kumar Meshram, S/o. Khemlal Meshram, Aged About 25 Years, R/o. Ward No. 42, Basantpur, Rajnandgaon, P.S. City Kotwali, Tah. & Distt. Rajnandgaon, Chhattisgarh ---- Applicant

Versus

The State Of Chhattisgarh, Through P.S. City Kotwali, Rajnandgaon, Tahsil & Distt. Rajnandgaon, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. S.C.Verma, Advocate For Respondent :

Mr. O.P.Sahu, Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 01/12/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.86/2015 registered at Police Station- City Kotwali, Rajnandgaon, District Rajnandgaon (C.G.) for the offence punishable under Section 409, 420, 467, 468, 471, 34 of Indian Penal Code.

2.

Case of the prosecution, in brief, is that the applicant who was owner of the Tent House in connivance with the Government Officers has issued forged receipts for which the payments were made; consequently, loss was caused to the Government Exchequer and thereby the offence has been registered. 3.

Learned counsel for the applicant submits that the charge sheet in this case has been filed and only on the presumption, the applicant has been arrested. He further submits that the Government has conducted enquiry and on enquiry one Dilip

Rangari was spotted as main culprit and no evidence is available against this applicant and he is in jail since 15.10.2015. He further submits that the other similarly placed co-accused has been enlarged on bail in M.Cr.C. No.5949 of 2015 by this Court, therefore, the present applicant may also be enlarged on bail. 4.

Per contra, learned State counsel opposes the prayer for grant of bail; however, he do not dispute the fact that the other co-accused has been enlarged on bail.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Having regard to the fact that the charge sheet has been filed and considering the voluminous documents seized by the prosecution and taking into fact that the evidence available are documentary in nature and further considering the fact that the other co-accused has been enlarged on bail and the offence is triable by JMFC, I am inclined to release the applicant on bail.

7.

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

8.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a 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 Ashok