Uttar Seth v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3208 of 2018 • Uttar Seth S/o Dhubaleshwar Seth Aged About 37 Years R/o- Rajeev Nagar, Awanti Vihar, P.S. Telibandha, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- The Police Station- Telibandha, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondent For Applicant : Mr. N. Naha Roy, Advocate For State/respondent : Mr. Anupam Dubey, Dy. Govt. Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 06/08/2018

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.82/2018, registered at Police-Station-Telibandha, District-Raipur(C.G.) for the offence punishable under Sections 420/34 of the Indian Penal Code.

2. It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. He is in jail since 31.01.2018. No case is made out against him. The case is presently before the trial Court and trial is likely to take some time before its

conclusion.

3. On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect.

4. I have heard the learned counsel for both the parties and perused the case diary.

5. The case against this applicant is this, that on pretext of getting the complainant and others appointed to job received as illegal gratification Rs.3,30,000/- and similarly he has received amounts from the other persons also. Hence, this case.

6. After considering on all the material present in the case diary and the trial against him is likely to take some time before its conclusion. For this reason, I am of this view that this is a fit case where the applicant should be released on bail during the pendency of the case against him.

7. Accordingly, the bail applications filed under Section 439 of the Cr.P.C. are allowed. It is directed that applicants shall be released on bail on his furnishing a personal bond in the 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