Kuldeep Kumar Sahu v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C No. 3190 of 2018
1. Kuldeep Kumar Sahu S/o Bahadur Ram Sahu Aged About 27 Years R/o Village Pendri, Police Station Hasaud District - Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh
2. Bahadur Sahu S/o Chuhuram Sahu Aged About 52 Years R/o Village Pendri, Police Station Hasaud District - Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh
3. Nankidau Sahu S/o Chuhuram Sahu Aged About 47 Years R/o Village Pendri, Police Station Hasaud District - Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ---- Applicants
Versus
• State Of Chhattisgarh Through District Magistrate, District - Janjgir Champa Chhattisgarh Through - Police Station -Hasaud District -Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh.
---- Respondent And M.Cr.C No 2059 of 2018 • Kishan Kumar S/o Bahadur Aged About 21 Years Caste- Sahu, R/oVillage Pendri, Tahsil Jaijaipur, Police Station Hasaud, DistrictJanjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Applicant
Versus
• State Of Chhattisgarh Through- District Magistrate, District- JanjgirChampa, Chhattisgarh. Through- Police Station- Hasaud, DistrictJanjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Respondent
For the applicants : Shri Deepak Kumar Singh, Advocate For the Respondent/State :
Shri Vinod Tekam, PL.
Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 02.05.2018
1. Both the applications are heard and decided together by this common, order, as both the bail applications are arising out the same crime number and offences.
2. These are the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants, who have been arrested in connection with Crime No. 51/2018, registered at Police Station -Hasaud, District - Janjgir- Champa, (C.G), for the offence under Section 394/34 of the Indian Penal Code.
3. Learned counsel for the applicant submits that the applicant have falsely been implicated in this case. After completion of investigation the charge-sheet has been filed. Applicants are ready to abide by all the conditions which may be imposed upon them while granting bail, hence, it is prayed that they may be released on bail.
4. Learned counsel for the State opposes the bail application and submission made in this respect.
5. Heard counsel for both the parties and perused the case diary.
6. As the facts are, that complainant- Mahettar Sahu was an agent of B. N. G. Global India Limited, and on his inducement these applicants made investment in the scheme of the that company, as the company was winding up and the applicants could not get any refund on maturity of the deposits made by them. It was for this reason on 25.02.2018 these applicants looted the complainant of his belongings of Rs. 40,000/-. Hence, this case.
7. Considering the submissions made, contents of the case diary and taking into consideration this fact that there is no criminal history in respect of the present applicants and they are local residents, the case is triable by JMFC, their availability before the trial Court shall not be compromised, if they are released on bail, looking to the facts and circumstance of this case, I am of the view that it is a fit case where the applicants are entitled for grant of bail.
8. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.
Sd /- (Rajendra Chandra Singh Samant) Judge Jamal