Rajkumar Rajput & ORS. v. State Of Chhattisgarh,

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4302 of 2020 • Raj Kumar Rajput, S/o. Sukhram Singh Rajput, Aged about 43 years, R/o. Purani Basti, Bandwapara, Near Hari Dukan, Raipur, Tahsil and District Raipur CG • Kasim Ali, S/o. Shri Hasan Ali, Aged about 35 years, R/o. Rawatpura, Mathpuraina, Dumar City, Santoshi Nagar, Raipur, Tahsil and District Raipur CG ---- Applicants

Versus

• State Of Chhattisgarh, Through Station House Officer, Police Station Kotwali, district Raipur CG ---- Respondent For Applicant : Smt Smita Jha, Advocate For Respondent /State : Ms. Sunita Jain, GA Hon'ble Smt. Justice Rajani Dubey Order On Board 17/08/2020 The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No. 169/2020 registered at police station Kotwali, district Raipur (CG) for the offence punishable under Sections 420,467,468,471,472 and 120-B/34 IPC. As per prosecution case, the applicants who are drivers, were acquired for driving the Innova vehicles on anti-naxal operation duty. It is alleged that the applicants by using fake seal of Air Force Officer have increased the meter reading in the drivers' diary and took government diesel and thus have committed fraud and deceitful act. Counsel for the applicants submits that the applicants have been

falsely implicated in the case. She submits that the applicants are in jail since 18.06.2020; charge sheet has been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion, therefore they may be released on bail. On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicants, I am inclined to release them on regular bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicants' furnishing a personal bond in the sum of Rs. 50,000/- with one surety each for the like sum to the satisfaction of the concerned Court, they shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna