Ritesh Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3525 of 2019 Ritesh Yadav, son of Ashok Yadav, aged about 36 years, resident of Bajrangpara, Bus Depot Road, Raigarh, District Raigarh (C.G.) (In jail) ---- Applicant

Versus

State of Chhattisgarh, Through Station House Officer, Police Station Pathalgaon, Civil and Revenue District Jashpur (C.G.) ----Non-applicant For Applicant : Mr. Kaushal Yadav, Advocate. For Non-applicant :

Mr. Ravish Verma, Govt. Advocate.

Hon'ble Smt. Justice Rajani Dubey Order On Board 27/05/2019 (1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 270/2018 registered at Police Station Pathalgaon, Civil and Revenue District Jashpur for the offence punishable under Section 420 of the Indian Penal Code.

(2) Case of the prosecution, in brief, is that the present applicant, while working as Branch Manager of Maruti Suzuki Showroom, Pathhalgaon, embezzled a sum of Rs. 10,17,521/- and, thereby, he has committed the aforesaid offence. (3) Learned counsel appearing for the applicant would submit that the applicant has falsely been implicated in the crime in question as he has not committed any

ofence. He further submits that applicant is languishing in jail since 07.03.2019 and the charge sheet is yet to be filed but substantial investigation has already been made and no useful purpose would be served in keeping him in jail and therefore, he may be released on bail.

(4) On the other hand, learned counsel for the State, opposes the bail application. (5) Taking into consideration the nature and the gravity of the offences and considering the nature of allegation made against the applicant and the facts that applicant is in jail since 07.03.2019 and charge sheet is yet to be filed but substantial investigation has already been made; this court is of the view that it is a fit case to release the applicants on bail. Accordingly, the application is allowed. (6) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court. Certified copy, as per rules.

Sd/- (Rajani Dubey) Vacation Judge Amita/-