Parmananda Rawat v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4977 of 2021 1.

Parmananda Rawat Son Of Dharnidhar, Aged About 55 Years, Caste Rawat, Resident Of Bachchharai, Police Station Patpura, District Kendrapada (Odisha).

---- Applicant

Versus

1.

State Of Chhattisgarh, Through Station House Officer, Police Station Darri, District Korba (C.G.).

---- Non-Applicant For Applicant : Mr. Aditya Khare, Advocate.

For Non-Applicant/State : Mr. Rahim Ubwani, Panel Lawyer.

For Objector:

: Mr. Punit Ruparel, Advocate.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 31/08/2021 1) The matter is heard through Video Conferencing. 2) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 31/05/2021 in connection with Crime No. 38/2021 registered at Police Station Darri, District Korba (C.G.) for the offence punishable under Section 420 of Indian Penal Code.

3) Allegation against the present applicant is that he obtained Rs. 1,40,000/- from the complainant Jagnath Mahto in the name of providing job to his son Chandan in the Army but no such job was provided to him. When the complainant demanded his money back, the applicant left his job and fled to Orissa. 4) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that the applicant has been arrested on 31/05/2021. He submits that the applicant has no criminal antecedents and there is no apprehension of the applicant tampering with the evidence or absconding and trial is likely to take some time for its disposal. Therefore, the applicant be released on bail.

5) On the other hand, learned counsel for the State as well as Counsel for the Objector opposes the bail application. However, State Counsel submits that the applicant has as no criminal antecedents. 6) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the nature of allegation against the present applicant, the detention period of the applicant who is 55 years old, the offence is triable by Magistrate, the applicant has no criminal antecedents and there is no apprehension of the applicant tampering with the evidence or absconding as admitted by both the counsel, and that conclusion of trial may take some time due to COVID-19 Pandemic, the application is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 2,00,000/- with two local sureties of Rs. 1,00,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail on the following conditions:- i.

he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, ii.

he shall not act in any manner which will be prejudicial to fair and expeditious trial, iii.

he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial, iv.

he shall strictly follow the COVID-19 protocol issued by the Central Govt./State Govt./Local Authority, v.

he shall not involve himself in any offence of similar nature in future.

Let a copy of this order be forwarded to the concerned Police Station forthwith who shall inform the trial Court in the event of applicant involving himself in similar offence in future. -Sd/- (Gautam Chourdiya) Judge Chandrakant