Sanjay v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4820 of 2018 • Sanjay S/o Rakesh Tiwari, Aged About 38 Years, R/o- Shiv Nagar Dhaba Road, Ward No.11, Rajnandgaon, Outpost Chikhali, P.S. Kotwali, Tahsil and District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- The Station House Officer, Outpost Chikhali, P.S. Kotwali, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ----Non-applicant For Applicant - Shri Abhishek Sharma, Advocate. For Non-applicant/State - Shri Anil S. Pandey, Govt. Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 31-07-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 08-05-2018 in connection with Crime No.645/2017 registered at P.S. - Outpost Chikhali, P.S. Kotwali, DistrictRajnandgaon, Chhattisgarh for the offence under Section 420/34 of the IPC. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 08-05-2018. No case is made out against this applicant. Similarly placed co-accused Shyam Manikpuri has been granted bail by this Court in MCRC No.1706/2018 vide order dated 2404-2018. Hence, it is prayed that the applicant may also be granted regular bail.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

The complaint against this applicant and co-accused is this that, they induced complainant Pawan Sahu that they will double the amount deposited

-2with them in a short period of time and Rs.2,60,000/- was received from him and no refund was made. Hence, this case.

6.

Considering that this applicant does not have any criminal antecedent and that similarly placed co-accused has been granted bail, I feel inclined to grant regular bail to this applicant also.

7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby 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/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil