Santosh Adhikari & ANR. v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4130 of 2018

1. Manish Yadav S/o Late Shri Vivek Yadav, Aged About 30 Years R/o Mahurbandpara, Kanker, District North Baster, Kanker Chhattisgarh., District : Kanker, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Kanker, District North Baster Kanker Chhattisgarh., District : Kanker, Chhattisgarh ---- Non-applicant MCRC No. 4234 of 2018

1. Jagguram Pradhan S/o Chudan Singh Pradhan, Aged About 29 Years, R/o Village Bhotha Tahsil And P.S. Charama District Kanker, Chhattisgarh, District : Kanker, Chhattisgarh

2. Pamesh Som S/o Rameshwar Som, Aged About 32 Years, R/o Bardebhata Kanker Tahsil And P.S. Kanker, District Kanker, Chhattisgarh, District : Kanker, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through The Police Kanker, District Kanker, Chhattisgarh, District : Kanker, Chhattisgarh ---- Non-applicant MCRC No. 4287 of 2018

1. Santosh Adhikari S/o Subhash Adhikari, Aged About 22 Years, R/oBande Bazar Bande P.S. Bande Tahsil Pakhanjur District North Bastar Kanker, Chhattisgarh., District : Kanker, Chhattisgarh

2. Manish Yadav S/o Vivek Yadav, Aged About 30 Years, R/oMahurbandpara Kanker District North Bastar Kanker, Chhattisgarh., District : Kanker, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through- The Police Kanker, District- Kanker, Chhattisgarh., District : Kanker, Chhattisgarh ---- Non-applicant MCRC No. 4556 of 2018

1. Dharendra Soni S/o Shri Krishna Lal Soni, Aged About 27 Years, R/oVillage Barkai, P.S. Kanker, Tahsil Naharpur, District- North- Baster, Kanker, Chhattisgarh., District : Kanker, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- The Police Station Kanker, DistrictNorth-Baster, Kanker, Chhattisgarh., District : Kanker, Chhattisgarh ----Non-applicant

-2For Applicant(s) - Shri Pravin Kumar Tulsyan, Advocate (in MCRC No.4234/2018 and MCRC No.4287/2018), Shri Ritesh Verma, Advocate (in MCRC No.4130/2018 and MCRC No.4556/2018), For Non-applicant/State - Shri Anupam Dubey, Deputy Govt. Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 12-07-2018 1.

As these four applications arise out of the same crime number, i.e., Crime No.70/2018, registered at Police Station Kanker, District North Bastar, Kanker, Chhattisgarh for the offence under Section 420, 408, 34 of the IPC, they are being decided by this common order.

2.

Heard on the applications filed under Section 439 of the Cr.P.C. These are first bail application before this Court filed by the applicants for grant of regular bail. The applicants have been arrested on 06-04-2018 in connection with aforesaid crime number and offence.

3.

It is submitted on behalf of the applicants that the applicants have been falsely implicated in this case. They are in jail since 06-04-2018. No case is made out against them. Charge sheet has been filed after completion of the investigation. Hence, it is prayed that these applicants may be granted regular bail.

4.

Learned counsel for the State/non-applicant opposes the applications. 5.

Heard learned counsel for the parties and perused the case diary. 6.

The FIR has been lodged by Pradeep Singh, representative of Sumit Facilities Private Limited making allegation that all these applicants were employed in the liquor shop of Sumit Facilities Private Limited operating in Kanker. During period of 06-01-2017 to 27-11-2017 it is alleged that the applicants have embezzled the amount of Rs.12,11,300/- . Hence, this case. 7.

Considered on the material present in the case diary and also, as

-3submitted that compromise have been arrived at between the applicants and the complainant, is taken into consideration. Hence, for these reasons, I feel inclined to grant bail to all these applicants. 8.

Consequently, these applications filed by the applicants under Section 439 of the Cr.P.C. for grant of regular bail are hereby allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for their appearance as and when directed. 9.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil