Dilip Rangari v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7309 of 2015 Dilip Rangari, S/o Amritlal Rangari, Aged About 43 Years, R/o Stationpara, Ward No.12, Rajnandgaon, Tahsil & Distt. Rajnandgaon, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh, Through: Police Station-City Kotwali, Rajnandgaon, Tahsil & Distt. Rajnandgaon, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

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

Mr. Ramakant Mishra, Dy. A.G.

--------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 05/01/2016 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 working as Block Resource Coordinator, Rajeev Gandhi Shiksha Mission, has prepared false bills which were subject of payment in connivance with the aid of the other co-accused; thereby the forgery and breach of trust was committed. It is further alleged that on the basis of forged bills, which were processed by this applicant, the payments were made and thereafter on enquiry, the Collector has recommended for lodging of FIR.

3.

Learned counsel for the applicant submits that the charge sheet in this case has been filed and the other similarly placed co-accused have been enlarged on bail and against this applicant after departmental enquiry, a defalcation of Rs.3,81,981/- was found to be embezzled. He further submits that the total allegation of defalcation is to the sum of Rs. 56 Lakhs and odd and the other co-accused have been enlarged on bail; 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 the evidence are documentary in nature and further considering the fact that the other co-accused have been enlarged on bail, 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