Pankaj Kumar Kela v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3195 of 2018 Pankaj Kumar Kela S/o Shri Ramayan Prasad Aged About 39 Years R/o- Village- Nawagaon, Police Station- Katghora, District- Korba, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through- The Station House Officer, Police Station- Bodhghat, District- Bastar, Chhattisgarh. ---- Respondent For applicant - Shri Dharmesh Shrivastava, Advocate. For Respondent/State -Shri Suryakant Mishra, PL. Hon'ble Shri Justice Goutam Bhaduri Order 19/06/2018 1.

This is third bail application under Section 439 of Cr.P.C. The first bail application was dismissed as withdrawn on 16/11/2016 vide M.Cr.C. No.7498 of 2016 and second bail application was dismissed as withdrawn on 21/12/2016 vide M.Cr.C. No.8230 of 2016.

2.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.360/2014 registered in Police Station Bodhghat, District Bastar (C.G.) for offence punishable under sections 467, 468, 471, 419, 420, 409, 119, 182, 211, 120-B read with section 34 of IPC.

3.

As per the prosecution case, the applicant alongwith other accused while working as Contractor in CSPDCL submitted forged bill and intially withdrew an amount of Rs.4,62,243/- and then Rs.24,87,871/- and thereafter the total amount in different crime numbers withdrew Rs.1,49,79,513/-.

4.

Learned counsel for the applicant submits that one of the coaccused namely Sunit Kasde has been enlarged on bail on 9/02/2018 vide

M.CrC. No.7356 of 2017 on the ground of delay and case of the applicant is similar to that of the co-accused who has been enlarged on bail, therefore on the ground of parity the applicant may be released on bail. 5.

Learned State counsel is not able to dispute the fact that co-accused namely Sunit Kasde has been enlarged on bail on 9/02/2018 vide M.CrC. No.7356 of 2017.

6.

Considering the fact that other co-accused has been enlarged on bail on the ground of delay, without entering into merits, this court is inclined to release the applicant on bail.

7.

Accordingly, the third bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri