Awadh Bhushan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6874 of 2015 Awadh Bhushan S/o. Chandra Bhushan, Aged about 23 years, R/o. Patel nagar, Ramchandrapur, Nalanda Thana- Lahari, Civil and Revenue District Nalanda Bihar- Pin- 803101 ---- Applicant

Versus

State Of Chhattisgarh Through - the Station House Officer, Police Station -Kabirnagar District - Raipur (C.G.) ---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Mr. Sandeep Yadav, Advocate For Respondent :

Mr. Ashish Shukla, Govt. Advocate -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 14/12/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 95/2015 registered at Police Station- Kabirnagar, District - Raipur (C.G.) for the offence punishable under Sections 419,420,120-B read with section 34 of IPC and section 3,4 of Examination Act and 65,66-c of Information Technology Act.

2.

As per the prosecution case, 13.09.2015 while the examination for the post of Officer and Employee was being conducted in the Gramin Bank. The applicant was caught as he was appeared in place of Sunny Suman on the basis of the photo I.D. and signature.

3.

Counsel for the applicant submits that the applicant is innocent and he was falsely implicated in this case. He further submits that

the charge-sheet in this case has been filed and the applicant has helped his friend without any intention or any wrong full gain which shows bonafide of the applicant and he is in jail since 14.09.2015 therefore, he may be enlarged on bail.

4. Per contra State counsel opposes the prayer for grant of bail.

5. Having regard to the fact and the allegation leveled against the applicant and considering the gravity of offence and the manner in which the offence was committed and taking into account the fact that the charge-sheet has been filed, I am inclined to release the applicant on bail.

6. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7. It is directed that the applicant shall be released on bail on furnishing a personal bond for a 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/- (Goutam Bhaduri) Judge Santosh