K V Nair v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.1105 of 2016 K.V. Nair, aged-42 years, S/o-Late Shri K.P. Velayudhan, R/o-MIG-1-548, HUDCO, P.S.-Bhilai Nagar, Tehsil, Civil & Revenue District-Durg (CG) ---Applicant

Versus

State of Chhattisgarh, Through, District Magistrate, Durg, Distt.Durg (CG) ---Non-applicant For Applicant :

Mr. Jaydeep Singh Yadav, Advocate For Non-applicant :

Mr. O.P.Sahu,G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 14/03/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.489/2015, registered at Police Station-Bhilai Nagar, District-Durg (CG), for the offence punishable under Sections 420, 467, 468 and 471 of the IPC. 2.

Case of the prosecution, in brief, is that the applicant being the Manager of Nirman Infrahome Private Limited, Nagpur from 5.2.2013 to 23.12.2013 collected a sum of `12,01,262/- from students, but did not deposit the same in account of the said company and embezzled the same.

3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and he has falsely been implicated in crime in question. He would further submit that now

`11,50,000/- has been returned by the applicant to the said company, the applicant is in jail since 3.12.2015, charge-sheet has been filed and investigation has been completed and as such, dispute is between the applicant and company. Therefore, he may be released on bail. 4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts & circumstances of the case, nature & gravity of the offence, role of the present applicant, his pre-trial detention and stand taken by the applicant that he has already returned a sum of `11,50,000/- to the said company, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) JUDGE B/-