Paresh Mandal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.4126/2016 Paresh Mandal, Son of Charuchand, aged about 64 years, Resident of Village Chhote Kapasi, P.S. Pakhanjur, Revenue and Civil District North Bastar, Kanker ... Applicants Vs.

State of Chhattisgarh through the Police Station Pakhanjur, District North Bastar, Kanker (C.G) ... Respondent For the applicant :

Mr. Praveen Kumar Tulsyan, Advocate For the Respondent:

Mrs. Shobha Kashyap, Govt. Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 27.07.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 45 of 2011 registered at P.S. Pakhanjur, Distt. North Bastar, Kanker (C.G) for the offence punishable under Sections 420, 409 & 34 IPC.

2. As per the prosecution case, the applicant and other coaccused who were working as agents for sale of Tractor assured the complainant that instead of old tractor, they may get a new Tractor for him and as such the old Tractor which was in possession of the complainant Shivlal Dehari was acquired and was sold to one Mangal Ghosh for Rs.90,000/- but this fact was not disclosed as such the applicant committed fraud.

3. Learned counsel for the applicant would submit that the incident is of the year 2008 and the report was made in the year 2011. He further submits that admittedly the applicant was doing the job of agent for sale of tractors and since the tractor was sold and the money had not been received as

such the transaction could not complete and the nature of incident would show that the applicant has not committed any fault. It is also submitted that the applicant is aged about 64 years and is in jail since 06.05.2016, therefore, he may be released on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Considering the nature of offence and the degree of allegations as also the fact that the incident is of the year 2008 for which a report was made in the year 2011 and looking to the passage of time between 2008 and 2011 and much thereafter the applicant has been arrested on 06.5.2016 and further considering the age of applicant who is stated to be 64 years old and the fact that the charge sheet in this case has been filed, I am inclined to allow this bail petition.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o