Shobhadas Diwakar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6999 of 2015 Shobhadas Diwakar S/o Heeradas Diwakar Aged About 20 Years R/o Village Adbandha, Police Station & Tahsil Simga, Civil & Revenue District Baloda Bazar - Bhatapara Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through : Station House Officer, Police Of Police Station Simga, District Baloda Bazar Bhatapara Chhattisgarh ---- Respondent For applicant - Shri Anil Gulati, Advocate.

For Respondent/State - Shri Neeraj Jain, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 16/12/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 204/2015 registered in Police Station Simga, District Baloda Bazar-Bhatapara (C.G.) for offence punishable under section 420 r/w 34 of Indian Penal Code (Section 34 of IPC has not been mentioned in the certified copy). 2.

As per the prosecution case a report was made by one Chhatrapal Satnami that the accused Premlal Markande on the assurance to double the amount within few hours took amount of Rs.2 lakhs from the complainant and thereafter deceived the complainant. Memorandum statement of accused Premlal Markande was recorded in which he had stated that he had given the money to present applicant and Dilharan Gayakwad. Consequently, the applicant has been arrested. 3.

Learned counsel for the applicant submits that similarly placed coaccused has been granted bail by this court in M.Cr.C. No.6466 of 2015 on 1/12/2015 and the applicant is in jail since 24/08/2015, therefore the

applicant may be released on bail.

4.

Learned State counsel on verification do not dispute the fact that similarly placed co-accused has been granted bail by this court in M.Cr.C. No.6466 of 2015 on 1/12/2015.

5.

Having regard to the fact that similarly placed co-accused has been granted bail by this court in M.Cr.C. No.6466 of 2015 on 1/12/2015 and the applicant is in jail since 24/08/2015, 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