Hetram Kurre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2460 of 2019 • Hetram Kurre, Aged about 46 years, S/o Shri Bahoran Kurre, R/o Village Singhaldeep, P.S. Shivarinarayan, District Janjgir-Champa, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through Police Station - Masturi, DistrictBilaspur (C.G.) ---- Respondent __________________________________________________________________ For Applicant : Shri Pawan Shrivastava, Advocate.

For Respondent/State : Shri D.P. Singh, Dy. A.G.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 09/05/2019

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 67/2018, registered at Police Chowki Malhar, Police Station-Masturi, District- Bilaspur (C.G.) for the offence punishable under Section 420/34 of the IPC.

2. As per the prosecution story, on 28.02.2018, complainant Sandeep Tandon filed a complainant against the applicant, wherein, it has been alleged that the applicant and co-accused Tekram sahu had taken Rs. 6,00,000/- from him on the ground of providing service to him in Railway Department but, neither they provided any service in Railway Department nor they returned his money. On the basis of said complainant, offence has been registered. During course of investigation, the applicant has been arrested on 10.03.2019.

3. Learned Counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the case. He

further submits that the incident is of year 2014 and FIR has been lodged after three years, there is no evidence available on record regarding money transaction of Rs. 6,00,000/-, the applicant is in custody since 10.03.2019 and trial is likely to take some time. Therefore, he may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties and perused the case diary with due care.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the applicant is in custody since 10.03.2019 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 25,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Shubham