High Court Of ChhattisgarhMCRC/2919/2019allowed

Vikash Kumar v. State Of Chhattisgarh

2019-05-14Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2919 of 2019 • Vikash Kumar S/o Late Shivnath Das Aged About 28 Years R/o Khoda Colony Shankar Vihar, Gali No. 04, House No. 546, Gaziabad, District Gaziabad U. P. Present R/o Village Jogadih, Post Office And Police Station Saray, District Vaishali Bihar ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station- Tendukona, District Mahasamund Chhattisgarh ---- Respondent For applicant Mr. Shivendu Pandya, Adv.

For non-applicant/State Mr. Vikram Dixit, GA Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 14-51. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.

2. The applicant has been arrested in connection with Crime No. 101/2018 registered in police station Tendukona, district Mahasamund (CG) for offence punishable under Section 420, 467, 468, 471/34 of IPC and 66(D) of IT Act.

3. Prosecution story in brief is that co-accused Dharmendra Kumar represented himself as Ajit Singh before complainant Supendra Diwan. He obtained Rs. 3,58,424/- from said complainant to provide Choice Centre. On the memorandum of applicant, PAN Cards, Adhar Cards, Mobile and SIM were seized from him.

4. Counsel for the applicant argued that the applicant is innocent and has been falsely implicated hence he be released on bail.

5. On the other hand, the State Counsel opposed the bail application. He further submits that no criminal antecedent has been reported against applicant in the police case diary.

6. Co-accused Dharmendra Kumar has been released by this Court on bail and case of applicant is not more severe than that of co-accused Dharmendra Kumar.

7. Looking to the above facts and circumstances of the case, the application is allowed. It is ordered that if the applicant furnishes two solvent sureties each for a sum of Rs. 25,000/- along with one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that he will not involve himself in any of the crime in future, he be released on bail.

8. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak