Biseshar Dewangan v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3218 of 2020 • Biseshar Dewangan, aged 24 years, son of Shri Jawaharlal Dewangan, resident of Nutan Chowk, Sarkanda, District Bilaspur (CG) ---- Applicant
Versus
• State Of Chhattisgarh Through Police Station Moudhapara, District Raipur(CG) ---- Respondent -------------------------------------------------------------------------------------------- For Applicant :
Shri Ritesh Verma, Advocate For Respondent/State :
Shri K.K. Singh, G.A.
-------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 19.6.2020 1.
The default pointed out by the Registry is overruled. 2.
Heard.
3.
Admit.
4.
This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.54/2019, registered at Police Station, Moudhapara, Raipur (CG) for the offence punishable under Section 420 of the IPC.
5. As per the case of prosecution, the applicant along with other co-accused persons by making website of Railway Department obtained Rs.1,50,000/- from the complainant for providing job to complainant's son in Railway Department.
6.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He
submits that there is no direct evidence against the applicant and the applicant is not main accused and there was money transaction between the complainant and the applicant. He further submits that co-accused Pankaj Sharma has been released on bail by this Court in MCRC No. 2648/2020 and trial is likely to take some time for its final disposal, therefore, the applicant may be released on bail.
7.
On the other hand, learned counsel for the State opposes the bail application.
8.
Perused the entire material available on record. 9.
Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and the co-accused has been released on bail and trial is likely to take some time for its final disposal, I am of the opinion that present is a fit case to release the applicant on bail. 10.
Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.
11.
It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.
12.
It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnished in view of the order passed by the High Power Committee constituted in compliance of the order of the Supreme Court of India dated
23.3.2020 in the matter of In Re : Contagion of COVID 19 Virus in Prisons (Suo Moto Writ Petition (C) No. 1/2020), he need not furnish bail bonds afresh and the bail bonds already furnished shall be deemed to be the bail bonds furnished in compliance of the order of this Court, but if he has not furnished the bail bonds earlier, then he will be required to furnish bail bonds within four weeks from today. 13.
Certified copy as per rules.
Sd/ (Rajani Dubey) JUDGE sunita