Dhananjay Mandal @ Yogesh Mandal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 328 of 2016 Dhananjay Mandal @ Yogesh Mandal S/o Lakhinarayan Mandal (Wrongly Mention As Laxminarayan Mandal In Order Sheet) Aged About 23 Years R/o Karmatand, Thana Karmatand, Civil & Revenue Distt. Jamtada, Distt. - Jamtada (Jharkhand) ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Saragaon, Distt. - Janjgir Champa Chhattisgarh ---- Respondent For applicant -Miss. Sharmila Singhai, Advocate. For Respondent/State - Shri Arvind Shukla, PL. Hon'ble Shri Justice Goutam Bhaduri Order 29/01/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.115/2015 registered in Police Station Saragaon, Janjgir Champa for offence punishable under section 419, 420/34 of Indian Penal Code and 66 (D), 66 (C) of I.T. Act. 2.

As per the prosecution case the applicant called the complainant Rohit Kumar Rathore and enquired about the ATM card and a purchase of Rs.42,300/- was made on line from the account of the complainant Rohit Kumar Rathore for which initial report was made and on investigation it was found that applicant made purchase on line. 3.

Learned counsel for the applicant submits that there is no evidence to the fact that applicant has withdrawn the amount and only on the presumption applicant has been apprehended and there is no document in this regard that amount was transferred at the behest of this applicant, therefore the applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail.

5.

I have perused the case diary and the charge sheet. Taking into account evidence available against this applicant, though charge sheet is filed, however, how amount was withdrawn still remains into doubt. Considering the facts, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri