Manoj Kumar Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4642 of 2020 • Manoj Kumar Gupta S/o Shri Keshav Prasad Gupta, Aged About 44 Years R/o Main Road, Near Bus Stand, Belgahana, P.S. Kota, District Bilaspur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through P.S. Kota, District Bilaspur Chhattisgarh ---- Respondent For Applicant : Shri T.K.Jha, Advocate For Respondent/State : Shri Rahul Jha, GA Hon'ble Smt. Justice Rajani Dubey Order On Board 27/08/2020 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. 245/2018 registered at police station Kota, District Bilaspur (CG) for the offence punishable under Sections 420,468,471, 120-B IPC.

As per prosecution case, report was lodged by the complainant alleging that when the applicant was member of Janpad Panchayat in the year 2011 and 2013, he has misused the forged documents and induced the public property amounting to Rs. 7,67,500/- and deposited the same in his own account.

Counsel for the applicant submits that the applicant has been

falsely implicated in the case. He submits that the applicant is in jail since 04.07.2020 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, 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