Purushottam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5243 of 2020 • Purushottam aged about 48 years, S/o Dayaluram Sahu, R/o Baghdongri, Thana Charma, District-U.B. Kanker, C.G. ---- Applicant

Versus

• State Of Chhattisgarh, Through - Police Station Charma, District- U.B. Kanker, Chhattisgarh.

---- Respondent For Applicant :

Mr. Parag Kotecha, Adv.

For Respondent/State :

Ms. Sunita Jain, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 22/09/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 14/2020 registered at Police Station Charma, District-U.B. Kanker (C.G.) for the offence punishable under Section 420 of the IPC.

2. The allegation against the present applicant is that he always used to take ATM from the complainant and her husband and thereafter withdrawing the amount from their account on various occasions. It is further alleged that applicant had withdrawn total amount of Rs. 1,42,544/- from their account. Based on this offence has been registered against the applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the allegation are totally baseless and without foundation and prosecution story is wholly improbable and unbelievable. He also submits that the

applicant is in jail since 20.01.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application and submits that the offence committed by the applicant is serious in nature; therefore, no case is made out for grant of bail.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering that the applicant is in jail since 20.01.2020, and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge H.L. Sahu