Pushpendra Kumar Dewangan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3113 of 2019 • Pushpendra Kumar Dewangan S/o Shri Keshav Prasad Dewangan Aged About 25 Years R/o Village And Post Sakarra, PS- Malkharoda, DistrictJanjgir-Champa, Current Address B-210, Ashoka Impression PS Pandri, Raipur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Urla, Civil and Revenue District- Raipur, Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicant : Ms. Madhunisha Singh, Advocate.

For Respondent/State : Shri V.K. Agrawal, P.L.

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. 473/2018, registered at Police Station - Urla, DistrictRaipur, (C.G.) for the offence punishable under Section 420 of the Indian Penal Code.

2. As per the prosecution story, on the pretext of providing job to the Complainant namely Vandana Dewangan, present Applicant obtained Rs. 2,00,000/- from her but did not provide any job to her nor returned her money. On the basis of the report lodged by the Complainant, offence has been registered and Applicant has been taken into custody on 10.01.2019.

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. She further submits that there is no evidence available on record regarding transaction of money. Applicant has no previous antecedents. Charge-

sheet has been filed. Applicant is in custody since 10.01.2019 and trial is likely to take some time. Therefore, he may be released on bail.

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

5. I have heard learned Counsel for the parties and perused the case diary.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the Applicant has no criminal antecedent, he is in custody since 10.01.2019 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him 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. 20,000/- with one solvent surety for the like amount to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Judge Prakash