Tulsiram Anant, v. State Of Chhattisgarh,

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6171 of 2020 Tulsiram Anant, S/o Dhadhul Anant, Aged About 47 Years R/o Village - Rivapar, Kosir, Tahsil - Sarangarh, District - Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh, Through - Station House Officer, Police Station - Sarangarh, Tehsil - Sarangarh, District - Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ---- Respondent For Applicant :

Shri Yogendra Pandey, Advocate For State :

Shri Alok Bakshi, Addl. Advocate General S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 14/10/2020 Heard.

1. The applicant is arrested in connection with Crime No.472/2020 registered in Police Station -Sarangarh, District -Raigarh (CG) for alleged commission of offence under Section 420 IPC.

2. Case of the prosecution, in brief, is that the applicant collected more than Rs.1 lakh from the complainant on a false promise of providing public employment on the post of Ward Boy and thus cheated him.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated. He has not committed any such offence and the complainant is harassing him. He further submits that investigation is complete and charge sheet has been filed. The applicant is in jail since 15.7.2020, therefore, at this stage, he may be granted bail.

-24. On the other hand, learned counsel for the State opposed the bail application by submitting that the applicant collected from the complainant, amount of Rs.1,15,000/- in the name of providing public employment. He would submit that the applicant, time and again, has acknowledged in writing including the affidavit and undertaking that he would return the money to the complainant, which, prima facie, shows that the applicant is clearly involved in the alleged commission of offence.

5. Taking into considerations the submissions made by learned counsel for the parties, particularly taking into consideration the nature of allegation, the amount involved in the case and that investigation is complete, charge sheet has been filed and considering that there is no criminal antecedents of commission of offence of similar nature, I am inclined to allow the application.

6. The application is accordingly allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court with following further conditions:- (i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Sd/---/-/------ (Manindra Mohan Shrivastava) Judge Praveen