Vinod Mishra v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2040 of 2016 Vinod Mishra S/o Rambhawan Aged About 40 Years Caste - Brahman R/o Village - Paitiha, Thana - Koraganj, Distt.- Allahabad (U. P.) At Present R/o Darbaritoli, Jashpur, Tah. & Distt. - Jashpur, Civil & Revenue Distt. - Jashpur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through, Police Station Jashpur, Distt. - Jashpur Chhattisgarh ---- Respondent For applicant - Ms. Sharmila Singhai, Advocate. For Respondent/State - Ms. Shobha Kashyap, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 13/06/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 39/2016 registered in Police Station Jashpur for offence punishable under section 420 of IPC. 2.

As per the prosecution case the applicant in order to provide job to one Deepak Vishvakarma has obtained an amount of Rs.1,50,000/- and thereby offence is committed.

3.

Learned counsel for the applicant submits that the applicant in fact had obtained loan from father of the complainant and he has returned the amount of Rs.1,50,000/- by demand draft in favour of the Deepak Vishvakarma and thereby offence is not made out, therefore the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

I have perused the copy of the demand draft which is placed on record which is of Rs.1,50,000/-. Demand draft was made in favour of

Deepak Vishvakarma the complainant. Considering the facts of the case, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri