High Court Of ChhattisgarhMCRC/4314/2016allowed

Ashok Kumar Yadav v. State Of Chhattisgarh

2016-08-08Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4314 of 2016 • Ashok Kumar Yadav S/o Shri Balkaran Yadav Aged About 30 Years R/o In front of Electricity Office, P.S. Janakpur, District Koria, Chhattisgarh.

--- Petitioner

Versus

• State of Chhattisgarh Through Police Station Janakpur, District Korea, Chhattisgarh.

--- Respondent For the applicant :

Mr. Pragalbha Sharma, Advocate For the Respondent :

Mr. Neeraj Sharma, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 08.08.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 02 of 2013 registered at P.S. Janakpur, Distt. Koria (C.G) for the offence punishable under Sections 420, 409, 34 of IPC.

2. As per the prosecution case, in the year 2011-2012 the applicant being Manager of Paddy Procurement Center has shown a forged purchase of 613.20 quintals of paddy worth Rs.6,80,652/- thereby has caused loss to the Society and committed offence.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case as the applicant was shown to be arrested in other FIR which was made subsequent to the instant FIR. It is further submitted that all the evidence which is available in this case is documentary in nature and no further investigation is necessary and as the applicant is in jail since 25.05.2016, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary documents.

6. considering the fact that the report was made on 03.01.2013 and taking into totality of the facts and circumstances of the case, I am inclined to release the applicant on bail.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o