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High Court Of ChhattisgarhMCRC/5086/2018allowed

Kuldeep Roy v. The State Of Chhattisgarh

2018-08-08Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5086 of 2018 Kuldeep Roy S/o Kanhailal Roy Aged About 34 Years By Caste Namoshudra, R/o Village P V 30, Yogendra Nagar, Thana And Tahsil Pakhanjore , District Uttar Baster Kanker Chhattisgarh. ---- Applicant

Versus

The State Of Chhattisgarh Through District Magistrate District Uttar Baster Kanker Chhattisgarh., District : Kanker, Chhattisgarh. ---- Respondent For the Applicant :

Shri Parag Kotecha, Advocate.

For the Respondent/State :

Shri Ashok Swarnakar, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

08.08.2018 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.23 of 2018, registered at Police Station - Pakhanjore, District U.B. Kanker, Chhattisgarh for the offence punishable under Sections 420 and 408 of the Indian Penal Code. 2.

Learned counsel for the applicant submits that the applicant is in jail since 29.5.2018 and has been falsely implicated in this case. No case is made out against the applicant on the basis of the material placed before the Court by the prosecution. Hence, it is prayed that the applicant be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.

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

The case against the applicant is that he is the Supervisor of Sumit Facilities Private Limited and engaged in liquor business of the Government Shop. He among with other co-accused persons embezzled an amount of Rs.6,90,205/- regarding which, the FIR has been lodged. Hence, this case. 6.

After due consideration on all the material present in the case-diary, I am of the considered opinion that the applicant deserves to be released on bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi