Naval Ram Darro v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 2015 Naval Ram Darro, S/o Sonu Ram Darro, aged about 49 years, Caste Gond, Occupation - Lampus Manager, Dudhawa, R/o Village Kurustipur, Police Station and Tahsil Kanker, District North Bastar Kanker (C.G.) ---- Applicant

Versus

State Of Chhattisgarh Through: The Station House Officer, Police Station Narharpur, Civil and Revenue District North Bastar Kanker (C.G.) ---- Non-applicant For Applicant:

Mr. P.P. Sahu, Advocate.

For Respondent/State:

Mr. Siddharth Rathore, Dy. Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /07/2015 Heard.

(1) This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.87/2014 registered at Police Station Narharpur, District North Bastar, Kanker for the offences punishable under Sections 420, 467, 468, 471 & 120 (B) of the Indian Penal Code. (2) Case of the prosecution is that on applicant, while working as Lamps Manager of Dudhawa Co-operative Society, failed to control and supervise the work of Society, as a result of which, co-accused persons caused financial loss of Rs. 20,23,552.50/- by making forged

transaction and thereby committed the aforesaid offences. (3) Counsel for the applicant would submit that the applicant has falsely been implicated in the offence in question as he has not committed any offence. He further submits that it is the co-accused - Tilak Das Manikpuri, who misappropriated the entire amount along with one Kailash Sahu, who was found liable by the Enquiry Officer by its report dated 01.05.2014 and thereafter, an amount of Rs. 28,70,800/- has been deposited by co-accused Tilakdas Manikpuri. He also submits that the applicant is languishing in jail since 21.03.2005 & no custodial interrogation is required; and the co-accused persons namely Dilip Kumar Ganjir, Mohd. Sharif & Mohd. Aslam have already been released on bail by this Court on 15.07.2005 in M.Cr.C. Nos. 3262/2015, 3103/2015 & 3181/2015 and, therefore, the applicant may also be released on bail on the ground of parity. (4) On the other hand, learned counsel for the State opposes the bail application.

(5) Taking into consideration the facts & circumstances of the case and further taking into consideration the nature and gravity of offence; role of the present applicants in offence in question; amount in dispute has already been deposited by one co-accused namely Tilak Das Manipuri on 24.04.2014, 25.04.2014 & 01.05.2014; charge sheet has already been filed; considering his pre-trial detention; considering the fact that co-accused persons have already been released on bail by this Court; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed. (6) Accused/applicant - Naval Ram Darro 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/-