Vikash Singh v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet M.Cr.C. No. 2745 of 2018 Vikash Singh S/o Late Virendra Prasad Singh Aged About 35 Years R/o- House Number 0/14, Pragati Nagar Risali P.S. Risali Durg, Tahsil And District- Durg, Chhattisgarh., District : Durg, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through- Police Station Devendra Nagar, Durg, Chhattisgarh., District : Durg, Chhattisgarh.

--Respondent 28/06/2018 Shri Avinash Chand Sahu, Advocate for the applicant. Shri Anupam Dubey, Dy.G.A. for the State.

This M.Cr.C. is filed by the applicant for grant of regular bail as he has been arrested on 8-3-2018 in connection with Crime No.67/2018 registered at P.S. Devendra Nagar, District Durg, Chhattisgarh for the offence under Section 420/ 34 of the Indian Penal Code.

Learned counsel for the applicant submits that the applicant is in jail since 8.3.2018. After completion of investigation, the charge-sheet has been filed. No case is made out against the applicant on the basis of the material placed before the Court by the prosecution. Hence, it is prayed that the applicant be enlarged on bail.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. Heard counsel for both the parties and perused the case diary. The allegation against the applicant is that he alongwith co-accused -

Mazhar Khan had induced complainant - Khomesh Verma that they can arrange for his appointment to the job of Patwari and has illegally received Rs.2,50,000/- in the year 2008-2009. Neither the applicant arranged any job nor refunded the money so received, hence, the FIR was lodged on 8.3.2018. On perusal of the case-diary, it appears that there had been earlier agreement between the applicant and the complainant which has been produced before the police at the time of mediation but the terms of the same were not complied with by the applicant.

Learned counsel for the applicant submits that now the applicant is ready to refund the amount received from the complainant for which time and liberty may be granted.

Consequently, the application is allowed on temporary basis for a period of six months.

It is directed that the applicant shall be released on temporary bail on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, till the date fixed for his surrender before the concerned Court.

In case the applicant makes refund to the complainant regarding the amount received by him from the complainant, he can move an application with a prayer to make the bail order absolute.

Accordingly, the main application is disposed of. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi