Nandan Kumar Bagh v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2913 of 2018 • Nandan Kumar Bagh Kripanidhi Bagh, Aged About 29 Years R/o Behind Hinglaj Mandir, Near Commissioner Office, Nayamunda, Pandit Madanmohan Malaviya Ward, Jagdalpur, Distt. Bastar, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Bodhghat, Jagdalpur, District Bastar, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. Manish Nigam, Advocate.

For Respondent :

Mr. Anil S. Pandey, Govt. Advocate.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 21/06/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail to him as he is in custody in connection with Crime No.09/2017 registered at Police Station- Bodhghat, Jagdalpur, District - Bastar(C.G.) for the offence punishable under Sections 420, 467, 471 & 409 of the Indian Penal Code.

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. Applicant is in jail since 12.12.2017. No case is made out against this applicant though the offence registered against him is triable by Judicial Magistrate First Class. Applicant is ready to abide by all the conditions and directions,

Page No.2 which may be imposed while granting bail to him. Hence, it is prayed that applicant be enlarged on regular bail.

3. Learned State counsel opposes the bail application and submissions made in this respect.

4. Heard both the parties and perused the case diary.

5. According to prosecution case, prior to 10.1.2016, this applicant in capacity of Collection Agent of Tata Motors Business Support Services Ltd. Collected installments from various borrowers and issued fake receipts in their favor. When the fraud committed by this applicant was disclosed, FIR was lodged on 10.1.2017 and subsequent to that the statement of witnesses were recorded.

6. Learned counsel for applicant submits that the alleged fake receipts were not issued by this applicant and the applicant is capable to prove this fact in defence.

7. After considering on all the material present in the case diary, I feel inclined to grant regular bail to this applicant.

8. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his 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.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha