Rajkumar Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2169 of 2016 • Rajkumar Sharma S/o Krishna Kumar Sharma Aged About 46 Years R/o. M.I.G. 65, Rajendra Prasad Nagar Phase-2, Korba, Tahsil And District Korba Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Help Centre Rampur, Police Station Kotwali, Korba District Korba Chhattisgarh.

---- Non-Applicant For Applicant : Shri Y.C. Sharma, Advocate.

For Non-Applicant : Shri Satish Gupta, Govt. Advocate. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 16/05/2016

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.417/2015, registered in Police Station : Police Help Centre, Rampur, PS Kotwali, District Korba for offence under Sections 420, 467, 468, 471, 120-B read with Section 34 of the IPC.

2. One Tanuj Kumar Vaishnav lodged a complaint on 19.10.2015 against co-accused Pawan Kumar alleging that Pawan Kumar has assured him of arranging employment in Ayurvedic Hospital on payment of Rs.1.50 lacs. The complainant initially paid Rs.40,000/- to Pawan Kumar and the remaining amount was paid subsequently in installments. Pawan Kumar thereafter handed over one forged letter of appointment for which joining was not possible. On complaint made by Tanuj Kumar Vaishnav another forged letter of appointment was handed over to him. However, yet again his joining did not

materialize. When Pawan Kumar was interrogated by the police, he named the present applicant as the person who was operating the plan and according to Pawan Kumar this applicant has provided forged marksheet.

3. Learned counsel for the applicant would submit that co-accused Pradeep Dewangan has been released on bail in M.Cr.C. No.878/2016 whereas co-accused Vishnu Prasad Tandon, Laxman Yadav, Rungan Ram Sahu and Lalita Sahu have been released on bail by the Sessions Court. He would further submit that the offences are triable by the JMFC and the applicant is in jail since 21.10.2015.

4. Learned State Counsel would oppose the prayer for grant of bail.

5. Considering the entire facts situation of the case, particularly, the length of pre-trial detention and for the fact that the original complaint made by Tanuj Kumar Vaishnav was not against the present applicant, this Court is inclined to release the applicant on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- Vacation Judge (Prashant Kumar Mishra) Khan