Shrimant Das @ Babu v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4459 of 2020 • Shrimant Das @ Babu S/o. Shri Dadhivaman Das, Aged about 38 years, R/o. Sarbahal Ward No.1, Post Sarbahal, PS and distrtict Jharsuguda, Orissa ---- Applicant
Versus
• State Of Chhattisgarh, Through the Station House Officer, Police Station Torwa, district Bilaspur CG ---- Respondent For Applicant : Shri Rishi Rahul Soni, Advocate For Respondent /State : Shri Rahul Jha, GA Hon'ble Smt. Justice Rajani Dubey Order On Board 25/08/2020 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. 496/2018 registered at police station Torwa, District Bilaspur (CG) for the offence punishable under Sections 420,468,120(B)/34 IPC and Sections 66(C) and 66(D) of the Information & Technology Act.
As per prosecution case, the applicant has withdrawn amount of Rs. 30,000/- from the bank account of the complainant fraudulently by means of using computer resource.
Counsel for the applicant submits that the applicant has been
falsely implicated in the case. He further submits that the matter has been compromised and they have settled the dispute. He submits that the applicant is in jail since 30.12.2018 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 the parties have entered into compromise, 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 in the event of the applicant's furnishing a personal bond in the sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.
Sd/- (Rajani Dubey) Judge suguna