Deepak Kumar Sahu v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6457 of 2020 Deepak Kumar Sahu S/o Kaushal Sahu Aged About 25 Years R/o Village Badnara, Police Station Nandghat, District Bemetara At Present Village Jarvay, Police Station Kabirnagar, Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Kabirnagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondent For Applicant :

Shri Sanjeev Kumar Sahu, Advocate For State :

Shri Samir Uraon. Govt. Advocate S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 06/11/2020 Heard.

1. The applicant is arrested in connection with Crime No.148/2020 registered in Police Station -Kabirnagar, Raipur, District -Raipur (CG) for alleged commission of offence under Sections 408/34 IPC.

2. Case of the prosecution, in brief, is that the applicant, while working as Salesman in Govt. liquor shop, misappropriated Rs.2 lakh.

3. Learned counsel for the applicant would submit that the applicant has not committed any such offence. A false case has been prepared against him and he is being compelled to deposit cheque of Rs.2 lakh. Learned counsel further submits that the applicant was arrested on 14.8.2020, but, later on, he is released on parole. It is also submitted that till date, charge sheet has also not been filed, but, as all recoveries have already been made, no further custodial interrogation is necessary. Therefore, the applicant may be released

-2on bail.

4. On the other hand, learned counsel for the State opposed the bail application by submitting that looking to the amount alleged to have been misappropriated by the present applicant and that despite having admitted his liability, he is not depositing Rs.2 lakh, the application may be rejected.

5. Taking into consideration the submissions made by learned counsel for the parties, particularly taking into consideration that the applicant was arrested on 14.8.2020 until he was released on parole under the order of the Supreme Court and further taking into consideration the amount involved in the case and that further custodial interrogation does not appear to be necessary, I am inclined to grant bail to the present applicant.

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