Kundan Sharma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4399 of 2020 • Kundan Sharma, S/o Balmukund Sharma, Aged about 40 years, Resident of LIG 1560, Vir Narayan Savarkar Nagar, Heerapur, Raipur, PS Kabir Nagar, Raipur District Raipur CG ---- Applicant

Versus

• State Of Chhattisgarh, Through District Magistrate durg, district Durg CG ---- Respondent For Applicant : Shri G.R.Miri, Advocate For Respondent /State : Shri Vikram Sharma, Dy.GA Hon'ble Smt. Justice Rajani Dubey Order On Board 18/08/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 311/2020 registered at police station Chowki Smriti Nagar, PS Supela, District Durg (CG) for the offence punishable under Sections 420,IPC.

As per prosecution case, report was lodged by the complainant alleging that the applicant has defrauded him by presenting himself as a contractor of Railways and made him partner. It is alleged that the complainant has invested Rs. 8,95,000/- in the business.

Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the applicant is ready to return the amount in installment to the complainant. He submits that the applicant is in jail since 21.05.2020 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion, therefore he 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 applicant and that he is ready to return the amount taken by him, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that on furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned Court for his appearance as and when directed, the applicant shall be released on bail, subject to following conditions: • That, the applicant shall furnish a specific, undertaking that while on bail, he will not commit any offence, otherwise bail granted to him shall be liable to be cancelled and shall co-operate the prosecution during trial.

• That, the accused/applicant shall make himself available for interrogation before the concerned Investigating OfÏcer as and when required and the accused/applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him/her from disclosing such facts to the Court or to any police ofÏcer.

• That, the accused/applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial.

Sd/- (Rajani Dubey) Judge suguna