Vikas Patnayak v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6618 of 2017 Vikas Patnayak S/o Shri Durgacharan Patnayak Aged About 40 Years R/o Basanti Colony, Raurkela, District Sundargarh ( Orissa) ---- Applicant

Versus

State Of Chhattisgarh Through S H O Police Station Pendra District Bilaspur Chhattisgarh.

---- Respondent Shri Achyut Tiwari, counsel for the applicant/s. Shri Satish Gupta, Govt. Advocate for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 11/12/2017 Heard.

The applicant has been arrested in connection with Crime No.128/2017 registered at Police Station - Pendra, District - Bilaspur (CG) for alleged commission of offences under Section 420, 419, 467, 468, 34 of IPC. 2.

Case of the prosecution is that the applicant and other accused, with intention to cheat, induced the victim to give Rs.3,16,900/- out of which, Rs.94,700/- was deposited in the account of one Prakash Nayak which contained the photograph of the applicant.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated. He has not committed any offence. It is submitted that investigation is complete, charge sheet has been filed and the applicant is not likely to abscond or tamper with the prosecution witnesses. Therefore, he may be granted bail. 4.

On the other hand, learned State counsel opposes bail application and submits that all the accused persons, with intention to cheat the victim, gave false promise of giving money and vehicle and thereby collected more than Rs.3 lakhs, out of that, a

part of the amount was deposited in the account bearing photograph of the applicant. Therefore, the application may be rejected.

5.

Taking into consideration the submission of learned counsel for the parties, the amount involved, nature of allegations against the applicant, investigation is complete, charge sheet has been filed and the applicant is not likely to abscond or tamper with the prosecution witnesses, I am inclined to grant bail to the applicant. 6.

Accordingly, the application is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- along with two local sureties for the like amount to the satisfaction of the Trial Court. He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

Certified copy as per rules.

Sd/- ( Manindra Mohan Shrivastava ) Judge Deepti