Satyanaraya Dubey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3046 of 2020 • Satyanaraya Dubey, S/o Lakshman Prasad Dubey, Aged about 52 years, R/o Village Kuruwa, Police Station Surujpura, Jungle Tahsil Sahaspur Lohara, District- Kabirdham (C.G.) ---- Applicant

Versus

• State of Chhattisgarh, Through Station House Officer, Police Station Jhalmala, District Kabirdham (C.G.) ---- Respondent For Applicant.

:

Mr. Dharmesh Srivastava, Advocate.

For Respondent/State :

Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 12.06.2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 01/2020 registered at Police Station- Taregaon Jungle, DistrictKabirdham (C.G.) for the offence punishable under Section 420 of IPC.

2. The prosecution story in brief is that, the complainant Shivlal Dhruve and 8-9 others made a complaint before the Police Station which was enquired by Assistant Sub-Inspector and thereafter an offence under Section 420, 34 of the IPC was registered against the present applicant. It is alleged that the present applicant personating himself as an Insurance officer allured the villagers by saying that he will help them to get benefits of the Government schemes. It is alleged that the present applicant received a sum of Rs. 37,34,000/- from the villagers and assurance was given by him that the amount will

increase up to 10 times. It is alleged that the amount was received by the present applicant in the bank account of his brother's wife but did not return to the complainant and other villagers. The applicant was arrested, articles were seized, statements of the witnesses were recorded and after completion of the entire investigation charge-sheet has been filed before learned Judicial Magistrate First Class, Kawardha, DistrictKabirdham (CG) where the case is pending for trial. The present applicant is in custody since 29.01.2020.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. The applicant is in jail since 29.01.2020, there is no likelihood of his case being decided in near future, therefore, the present appellant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

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

6. Considering the facts and circumstances of the case, especially nature and gravity of crime in question, at this stage, I am not inclined to release him on bail.

7. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is rejected.

Sd/- (Rajani Dubey) Judge Vasant