Harendra Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5334 of 2021 • Harendra Sharma, S/o Late Bitori Sharma, aged about 59 Years, R/o Advani Colony, Birgaon Police Station Khamtarai, District Raipur, Chhattisgarh.

----Applicant

Versus

• State of Chhattisgarh, Through Police Station Khamtarai, Raipur, Chhattisgarh.

----Non-applicant For Applicant Mr. Akash Kundu, Advocate.

For State Dr. (Ms.) Veena Nair, Deputy A.G.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 10/09/2021

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. as he has been arrested in connection with Crime No.350/2021 registered at Police Station Khamtarai, Raipur, C.G. for the offence punishable under Section 420 of Indian Penal Code.

2. Allegation against the present applicant is that he allured the complainant- Dukhnashan Manikpuri for providing him job in Government Department and thus fraudulently obtained Rs.7 lakhs from him whereas no such employment was provided to him. On report being lodged to the above effect, offence under the aforesaid Section has been registered against the present applicant.

3. Learned counsel for the applicant submits that applicant is an innocent person and has been falsely implicated in this case. He submits that

there is no direct proof of applicant's involvement in the alleged crime. Applicant is in jail since 16.06.2021 and due to COVID 19-pandemic, conclusion of trial is likely to take some time. Therefore, the applicant be released on bail.

4. On the other hand, learned counsel for the State opposes the bail application. She submits that there are as many as three criminal antecedents of the present applicant.

5.

Heard learned counsel for the parties.

6. Considering the facts and circumstances of the case, the nature of allegation made against the applicant, the detention period of the applicant, who is 59 years old, charge sheet has been filed, the fact that though the applicant has three criminal antecedents but none of them relates to offence under Section 420 of Indian Penal Code as admitted by both the counsel and there is no likelihood of the applicant tampering with the evidence or absconding and due to COVID-19 conclusion of trial may take some time, without expressing any opinion on the merits of the case, this Court is of the opinion that present is a fit case for grant of bail to the applicant. Accordingly, the application is allowed. It is directed that in the event of applicant executing a personal bond in the sum of Rs.2,00,000/- with two sureties of Rs.

(iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (iv) he shall strictly follow the COVID-19 protocol issued by the Central Government / State Government / Local Authority. (v) he shall not involve himself in any offence of similar nature in future.

Let a copy of this order be forwarded to the concerned police station forthwith who shall inform the trial Court in the event of applicant involving himself in any offence in future. Sd/- Gautam Chourdiya Judge Akhilesh