Sanat Kumar Kurrey v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2923 of 2018 • Sanat Kumar Kurrey S/o Sunau Ram Kurrey Aged About 38 Years R/o Shaheed Hameed Nagar, Tikrapara, Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The District Magistrate District Durg Chhattisgarh, District : Durg, Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. Mateen Siddiqui, Advocate.

For Respondent :

Mr. Anupam Dubey, Dy. Govt. Advocate.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 18/06/2018

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.66/2018 registered at Police Station- Kotwali, Bhilai Nagar, District - Durg(C.G.) for the offence punishable under Sections 420, 467, 468 & 471 of the Indian Penal Code.

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. The prosecution itself shows that the incident is of the year, 2013 whereas the FIR was lodged in the year 2018. Apart from that the applicant himself is one of the victims, who has paid money to one Sanjay Singh against whom a separate case of fraud and cheating was registered and he is being prosecuted. The alleged story in this case is, that this applicant was

Page No.2 handed over money by complainant which was in turn as that money has been handed over to the Sanjay Singh who has given inducement for getting job for applicant and others. Hence, it is prayed that he may be released on regular bail.

3. Learned State counsel opposes the bail application and submissions made in this respect. It is submitted that the case against the applicant is of grievous nature and numerous persons of the area are getting cheated every now and then. Hence, he is not entitled for grant of regular bail.

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

5. It is alleged that this applicant received Rs.4,20,000/- from the complainant Dharamdas for getting appointment to job in AIIMS, Raipur. Later on, a forged appointment letter was also given by this applicant to the complainant on which basis the complainant came to know about the fraud committed.

6. As the case is before the trial Court and applicant is in jail since 16.3.2018. There is no likelihood of conclusion of trial of the case in near future and the applicant has no criminal antecedents, for these reasons, I am of this opinion that this is not a fit case for grant of bail.

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

Page No.3