Prem Singh Alias Dara v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4602 of 2020 • Prem Singh alias Dara, S/o Hiralal Singh, Aged about 42 years, Caste Gond, R/o Village Sohga, PS Darima, Tahsil Ambikapur, District Surguja (C.G.) ---- Applicant

Versus

• State of Chhattisgarh, Through - Station House Officer, PSDarima, District Surguja (C.G.) ---- Respondent For Applicant :

Mr. Dev Ashish Biswas, Advocate.

For Respondent/State :

Mr. Rahul Jha, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 28/08/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 90/2019 registered at Police Station- Darima, District Surguja (C.G.) for the offence punishable under Sections 420/34, 120-B and 201 of the IPC, 1860.

2. The prosecution story in brief is that, a written complaint was filed by the complainant Shakuntala Behra with the averment that the accused named Prem Singh and co-accused named Budhmet Kujur had taken Rs. 2,00,000/- with the promise to provide land to her and had not provided the same and on the basis of the report of the complainant Crime No. 90/2019 was registered under Sections 420/34, 120-B and 201 of the IPC, 1860.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the present applicant has no knowledge about the promise and the money involved as the

applicant is the victim of the political rivalry. He next submits that the applicant is in jail since 27.06.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application and submits that the allegation against the applicant is of serious in nature; therefore, no case is made out for grant of bail.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering that the applicant is in jail since 27.06.2020, and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Vasant