Dinesh Kumar Sha v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3895 of 2018

1. Dinesh Kumar Sha S/o Shri Dharam Nath Sha, Aged About 30 Years R/o 24, Pargana, P. S. Jagatdal, District North 24 Pargana, West Bengal.

2. Chiranjeet Saha, S/o Ruhidas Shaw, Aged About 26 Years R/o Hari Indira Nagar, 24, Pargana, P. S. Nai Hari, District- North 24 Pargana, West Bengal.

3. Akash Kumar Saha, S/o Ramesh Saha, Aged About 21 Years R/o Kakinara, Holdi No. 64/1, P. S. Bharpada, District- North 24 Pargana, West Bengal.

---- Applicants

Versus

State of Chhattisgarh, through the Collector, District- Durg, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicants :

Mr. Raza Ali, Advocate For State :

Mr. Sanjeev Pandey, G.A.

--------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 26/06/2018 1.

This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested on 02.11.2017 in connection with Crime No. 834/2017 registered at Police Station- Padhmanabhpur, District- Durg (C.G.), for the offence punishable under Sections 420, 467, 468, 471 & 34 of IPC. 2.

Case of the prosecution is that the applicants have deposited duplicate gold ornaments at Manappuram Gold Loans Private Limited for obtaining loan of Rs. 1,90,000/-. 3.

Learned counsel for the applicants submits that the applicants have been falsely implicated. He further submits that investigation is complete and charge-sheet has been filed and they are not likely to

abscond and temper with prosecution witness. Therefore, at this stage, they may be granted bail.

4.

On the contrary, learned State counsel opposes the application for grant of bail and submits that prima facie, case is made out as the gold deposited by the applicants was found to be fake, applicants are resident of West Bengal, if they are granted bail, they can repeat the similar offence, therefore, application for grant of bail may be rejected.

5.

Having considered both the parties and nature of allegations, amount involved and that investigation is complete and chargesheet has been filed, I am inclined to release the applicants on bail. 6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicants shall be released on bail on their furnishing a personal bond in sum of Rs. 25,000/- each with one local surety each in the like amount to the satisfaction of the concerned trial Court. They shall appear before the trial court regularly on each and every date, unless exempted from appearance.

Certified copy as per rules.

Sd/- (Ram Prasanna Sharma) Judge Arun