Vikas Kumar Kanwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3142 of 2019 • Vikas Kumar Kanwar, S/o Situram Kanwar, aged about 23 years, R/o Vill. Chhati, Police Station Kurud, Distt. Dhamtari ---- Applicant

Versus

• State Of Chhattisgarh Through the SHO, PS Takhatpur District Bilaspur (C.G.).

---- Respondent For Applicant : Mr. Ravindra Sharma, Advocate.

For Respondent/State : Mr. Alok Nigam, G.A.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 16/05/2019

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime no. 370/2018, registered at Police Station Takhatpur District Bilaspur (C.G.) for the offence punishable under Sections 409 & 420 of the IPC.

2. As per prosecution story, At the relevant time, the applicant was working as BCM at Bharat Financial Inclusion Limited Branch Takhatpur. Allegedly, in the month of March-April the applicant obtained Rs. 1,94,490/- from the company for 8 different beneficiaries but, he kept the whole amount and committed fraud with the said company. On 26.09.2018, report was made by one Surendra Kumar. On the basis of said report, offence has been registered. The applicant is in custody since 21.02.2019.

3. Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to some dispute with the company. He further submits that

the applicant left the company on 26.04.2018 and thereafter a false report has been made against him, there is no direct evidence available on record against him, he is in custody since 21.02.2019, charge-sheet has already been filed and trial is likely to take some time, therefore, the applicant may be released on bail.

4. Per contra, learned counsel appearing on behalf of State opposes the bail application.

5. I have heard learned Counsel for both the parties.

6. Considering the fact and circumstances of the case, evidence collected by the prosecution and further considering the fact that the applicant is in custody since 21.02.2019, charge-sheet has already been filed and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 25,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Shubham Judge