Chandrabhusan Kashyap v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No. 3344 OF 2015 Chandrabhusan Kashyap S/o Late Shri Maheshram Kashyap aged about 43 R/o Near Durga Manch Bhathapara Saja District Bemetara Permanent R/o Singarpur, Tehsil Dondi Lohara P.S. Devri District Baloda (C.G.) ---Applicant

Versus

State of Chhattisgarh Through District Magistrate, District Bemetara (C.G.) ---Non-applicant For Applicant :

Mr. Avinash Chandra Sahu, Advocate For Non-applicant :

Mr. O.P. Sahu, Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 20/07/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 216/2014, registered at Police Station Saja, District Bemetara, for the offence punishable under Sections 420, 467, 468, 471/34 of IPC.

2.

Case of the prosecution, in brief, is that the present applicant and his wife, co-accused, collected approximately Rs. 5,26,000/- from various persons on a fraudulent representation of providing employment in an NGO named Jeevan Samridhi Sahyog Sanstha.

3.

Learned counsel for the applicant submits that other co-accused person has played the similar role as that of the present applicant and other co-accused person namely Smt. Sharda Kashyap has already granted regular bail by Co-ordinate Bench of this Court vide order dated 20/04/2015

passed in M.Cr.C. No. 1756/2015 and the role played by the present applicant is identical to that of the other co-accused person. Therefore, the present applicant may also be released on regular bail on the ground of parity.

4.

On the other hand, learned counsel for the State submits that case of the present applicant is identical to other co-accused person, who has granted bail by Co-ordinate Bench of this Court vide order dated 20/04/2015 passed in M.Cr.C. No. 1756/2015.

5.

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

6.

Taking into consideration the submission made by learned counsel appearing for the parties and further taking into consideration the facts and circumstances of the case particularly the order passed by Co-ordinate Bench of this Court on 20/04/2015 in M.Cr.C. No.1756/2015 granting regular bail to the other accused person, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall appear before the Court below on each and every date given to him by the said Court till disposal of the trial.

9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari