Bunty Saha v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3891 of 2018 Bunty Saha S/o Late Rajkumar Saha, Aged About 31 Years Resident of Kakinada, Kolkata, West Bengal.

----Applicant

Versus

State of Chhattisgarh, Through The Collector, District Durg, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

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 applicant, who has 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 applicant has deposited duplicate gold ornaments at Manappuram Gold Loans Private Limited for obtaining loan of Rs. 1,90,000/-. 3.

Learned counsel for the applicant submits that the applicant has been falsely implicated. He further submits that investigation is complete and charge-sheet has been filed and he is not likely to abscond and temper with prosecution witness. Therefore, at this stage, he 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 applicant was found to be fake, applicant is

resident of West Bengal, if he is granted bail, he 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 applicant on bail. 6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs. 25,000/- with one local surety in the like amount to the satisfaction of the concerned trial Court. He 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