Yogesh Gabel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No. 7681 of 2015 • Yogesh Gabel, son of late Triveni Prasad Gabel, aged about 36 years, R/o village Jajang, PS and Tahsil Sakti, District JanjgirChampa (CG) ---- Applicant (In Jail)

Versus

• State of Chhattisgarh, through Station House Officer, PS Sakti, District Janjgir-Champa (CG) ---- Respondent ------------------------------------------------------------------------------------------ For Applicant :

Dr Shailendra Dubey, Advocate For Respondent/State :

Shri Sangarsh Pandey, Dy GA ------------------------------------------------------------------------------------------ Hon'ble Shri Justice Goutam Bhaduri Order on Board 18.01.2016 1) This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.286 of 2012, registered at PS Sakti, District Janjgir-Champa (CG) for the offence punishable under Sections 409, 467, 468, 471 read with Section 120 (b) of the IPC.

2) As per the prosecution case, present applicant was working as President, Pani Panchayat. While constructing drains under this scheme in the department, the applicant made some mis-appropriation in measurement of canals along with other Executive Engineers under the control of SDO, as he made forged measurements in the measurement book and thereby committed mis-appropriation of government funds. 3) Learned counsel for the applicant submits that the applicant has been falsely implicated in the case; the Executive

mcrc 7681 of 2015 Engineers and SDO, who have been prosecuted in this case have been acquitted and the applicant , though contested the election, was absconding. Charge-sheet has been filed in the year 2014 and the applicant was arrested on 30.11.2015. As there is no other allegation and evidence against the applicant in this regard, he may be enlarged on bail. 4) Per contra, learned State Counsel opposes the prayer for grant of regular bail to the applicant.

5) Heard learned counsel for the parties and perused the record.

6) Taking into consideration the nature of allegation and evidence collected against the present applicant; considering the fact that charge-sheet has already been filed against the applicant; and the fact that all the evidence are in nature of being documentary and the applicant is in jail since 30.11.2015, I am inclined to release the applicant on bail. 7) Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE padma