Ramji Vaishya v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.786 of 2016 Ramji Vaishya, aged about 37 years, S/o Late Brindavan Vaishya, R/o. Ward No.13 Lahngeerpara Mohalla, Tahsil and Thana Manendragarh, Distt.Koriya (CG) ---Applicant

Versus

The State of Chhattisgarh, through Police Station Manendragarh, Distt.Koriya (CG) ---Non-applicant For Applicant :

Mr. Parag Kotecha, Advocate For Non-applicant :

Mr. O.P.Sahu, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 08/03/2016 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.254/2015, registered at Police Station-Manendragarh, District-Koriya (CG), for the offence punishable under Sections 409, 420, 467, 468 and 471 read with Section 34 of the IPC.

2.

Case of the prosecution, in brief, is that the applicant in collusion with other co-accused persons from 29.12.2012 to 1.9.2014 withdrawn an amount of `9,06,900/- from the account of Gram Panchayat Salhi and thereby committed the aforesaid offences.

3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and he has falsely been implicated in crime in question. He would further submit that the applicant

is only supplier to the concerned Gram Panchayat on being ordered by the said Gram Panchayat and payment has been made to him on material being supplied as per order. The applicant is in jail since 3.11.2015, charge-sheet has already been filed and no further interrogation is required to be taken.

4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

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

6.

Taking into consideration the facts & circumstances of the case, nature and gravity of the offence, extent of delay in lodging the F.I.R., pre-trial detention of the applicant, the fact that charge-sheet has already been filed and no further interrogation is required, this Court is of the opinion that present is a 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 the 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, for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) JUDGE B/-