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High Court Of ChhattisgarhMCRC/3484/2018allowed

Amar Tandan v. State Of Chhattisgarh

2018-08-13Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3484 of 2018 Amar Tandan S/o Kashiram Tandan, aged about 26 years, R/o Village Sendh, Police Station Mandir Hasaud, Tahsil Arang, Distict- Raipur (C.G.). --- Applicant

Versus

State of Chhattisgarh, Through Station House Officer, Police of Police Station Telibandha, Raipur, District- Raipur (C.G.) ---- Respondent For Applicant :

Mr. B.L Sahu, Advocate For Respondent :

Mr. U.K.S. Chandel, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 13/08/2018 1.

The applicant has preferred this first bail application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 82/2018 registered at Police Station- Telibandha, Raipur (C.G.) for the offence punishable under Sections 420 read with 34 of the IPC.

2.

As per prosecution story it is alleged that the present applicant along with other co-accused- Uttar Seth, on the pretext of providing job to the complainant and others, received illegal gratification of Rs. 3,30,000/- from them. Matter was reported and the offence was registered. The applicant was arrested on 31/01/2018.

3.

Learned counsel appearing on behalf of the applicant submits that the applicant has been falsely implicated. He is innocent. He further submits that the applicant is in custody since 31/01/2018, charge-sheet

has been filed and another co-accused Uttar Seth has already been released on bail vide order dated 06/08/2018 in MCRC No. 3208/2018, therefore, the present applicant 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 both the parties. 6.

Considering the above facts and circumstances of the case, particularly considering that the applicant is in custody since 31/01/2018, charge-sheet has been filed and another co-accused Uttar Seth has already been released on bail vide order dated 06/08/2018 in MCRC No. 3208/2018, without further commenting on merit 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.20,000/- with one local solvent surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Sd/- Judge Arvind Singh Chandel Rahul