Narendra Kumar Ratre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 743 of 2016 • Narendra Kumar Ratre S/o Premsai Ratre Aged About 44 Years Occupation Agriculturist & Labour, R/o Village L.I.G. 74, Niharika Korba, Police Station Korba, Civil & Rev. District Korba, Chhattisgarh.

--- Petitioner

Versus

• State of Chhattisgarh Through Police Station Kotra Road, Raigarh, District Raigarh, Chhattisgarh. --- Respondent For the applicant :

Mr. Yogeshwar Sharma.Advocate For the Respondent :

Mr. Rajkumar Gupta, Dy.A.G.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 09.02.2016

1. This is second bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 123 of 2015 registered at P.S. Kotra Road, Raigarh, District Raigarh (C.G) for the offences punishable under Sections 420, 467, 468, 471 and 120-B read with Section 34 of IPC.

2. As per the prosecution case, the applicant along-with other co-accused on the pretext of providing job in Jindal Steel and Power Ltd., had obtained money from different persons and thereafter, interviews were conducted and medical verifications were also done and subsequently fake appointment letters were issued to the candidates.

3. Learned counsel for the applicant submits that the entire allegations are against coaccused Nutan Das and Bhanu Prasad and against this applicant, only hearsay evidence is available and the money has not been taken by him. He

submits that initially the name of this applicant was not mentioned in the FIR. He further submits that the role of this applicant is different from that of co-accused Nutan Das and Bhanu Prasad, therefore, taking into the role played by this applicant, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application and submits that according to the statement of Gaurav Singh, the applicant introduced Gaurav Singh to Nutan Das and on his assurance the money was paid to Nutan Das, therefore, the applicant may not be enlarged on bail.

5. Taking into consideration the totality of the facts and circumstances as also considering the role attributed to this applicant as the the main allegations are levelled against Nutan Das and Bhanu Prasad that they have received the amounts and against this applicant, the only allegation is that he has simply introduced one Gaurav Singh to Nutan Das and further taking into fact that the charge sheet in this case has been filed and the applicant is stated to be in jail since 10.10.2015, I am inclined to release the applicant on bail, at this stage.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He is directed to appear before the trial Court as and when directed by the said Court.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao