Prateek Goyal v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2840 of 2018 • Prateek Goyal S/o Late Vijay Goyal Aged About 31 Years R/o Aadarsh Nagar, Pallas Dihaba Bagh, Aligarh, P. S. Dehli Gate, District Aligarh U. P. Present Resided At Village Silphili, In The House Of Narayan Sarkar, P. S. Jainagar, Tahsil And District Surajpur Chhattisgarh, District : Surajpur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Jainagar, Tahsil And District Surajpur Chhattisgarh, District : Surajpur, Chhattisgarh ---- Respondent - __________________________________________________________ For Applicant :

Mr. Vivek Singhal, Advocate.

For Respondent :

Mr. Vinod Tekam, Panel Lawyer.

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

1. This is the second 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.244/2017 registered at Police Station- Jainagar, District - Surajpur(C.G.) for the offence punishable under Section 420 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 3.9.2017. After completion of investigation, charge-sheet has been filed. The case is triable by Judicial Magistrate First Class. As the case is still pending, it is prayed that he may be enlarged on regular bail.

Page No.2

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. The allegation against this applicant is this, that he obtained in total amount of Rs.5,95,000/- from the complainant Sanjay Singh and 3 others on pretext, that he is going to make a partnership firm for supply of school dress etc. in which he will make them partners. Subsequently the applicant missappropriated the whole amount. Hence, this case.

6. As it appears that this applicant does not have any criminal antecedent and the trial against him is likely to take some time before its conclusion, for this reason, I feel inclined to grant regular bail to this applicant.

7. 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