Narayan Dhruv v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 4606 of 2018 Narayan Dhruv, S/o Geetu Dhruv, aged about -29 yuears, R/o Village - Sonadeah; Police Station - City Kotwali, Balodabazar; Tehsil & District (Revenue & Civil)- Balodabazar (C.G.) ---- Applicant

Versus

State of Chhattisgarh through : (Police Station- City Kotwali) Police Chowki - Karhi Bazar; District (Revenue & Civil)- Baldabazar (C.G.0 ---- Non-applicant.

For Applicant :

Mr. Sumit Jhanwar, Advocate.

For Respondent/State :

Mr. Ratan Pusty, Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 23/07/2018 (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. 153/2018 registered at Police Station City Kotwali, Poilce Chowki - Karhi Bazar, District (Revenue & Civil)- Balodabazar for the offence punishable under Section 420/34 of the Indian Penal Code.

(2) Case of the prosecution, in brief, is that accused/appellant and other co-accused persons obtained Rs.5 lakhs from complainant Shatrughan Sahu for securing employment to his son in the Court and thereby committed the aforesaid offences. (3) Learned counsel appearing for the applicant would submit that the applicant is innocent person and he has falsely been implicated in the crime in question. He further submits that the applicant is in detention since 5.4.2018; and the charge sheet has already

been filed and similarly situated co-accused namely Ram Kumar Dhruv @ Dukalha has already been granted regular bail by this Court vide order dated 09.07.2018 passed in M.Cr.C. No. 4418 of 2018, and, therefore, the present applicant may also be entitled for grant of bail on the ground of parity.

5.

On the other hand, learned counsel for the respondent/State opposes the bail application.

6.

I have heard learned counsel appearing for the parties and perused the case diary with utmost circumspection.

8. Taking into consideration the facts and circumstances of the case, nature & gravity of the offence; looking to the detention period of the applicant; and the fact that similarly situated co-accused has already been granted regular bail by this Court and the trial is likely to take some time for its final conclusion; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed. 9.

Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- 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 till disposal of the trial. Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-