Rishi Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.2486 of 2016 Rishi Sahu S/o Shri Chhagan Lal Sahu, aged about 24 years, R/o village Limhatola, Police Station Dondi, Civil and Revenue District Balod (CG) ---Applicant

Versus

State of Chhattisgarh Through-Police Station-City Kotwali, Raipur District-Raipur (CG) ---Non-applicant For Applicant :

Mr. T.K.Jha, Advocate For Non-applicant :

Mr. Adhiraj Surana, Dy.G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 11/05/2016 1.

This is the second 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.247/2015, registered at Police Station-City Kotwali, Raipur, District-Raipur (CG), for the offence punishable under Sections 380, 420, 467, 468 and 471 of the IPC. 2.

Case of the prosecution, in brief, is that the applicant is said to have stolen ten cheques of complainant Sunil Kumar Jain and withdrawn amount of two cheques and thereby committed the aforesaid offences. 3.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 complainant Sunil Kumar Jain has been examined and amount has been re-deposited in the account of complainant Sunil Kumar Jain, the applicant is in jail

since 8.8.2015, charge-sheet has been filed and no further interrogation is required.

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 and the fact that amount has been re-deposited in the account of the complainant, 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 second 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/-