Ram Kumar Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.4038 of 2015 Ram Kumar Patel son of Fekuram Patel, aged about 35 years, Occupation Agriculturist, R/o. Village Bhaiso, P.S.Pamgarh, District Janjgir-Champa (CG) ---Applicant

Versus

State of Chhattisgarh, Through: The District Magistrate, Bilaspur (CG) ---Non-applicant For Applicant :

Mr. Uttam Pandey, Advocate For Non-applicant :

Mr. Anupam Dubey, Dy. Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 17/08/2015 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.298/2015, registered at Police Station-Civil Lines, Billaspur, District Bilaspur (CG), for the offence punishable under Sections 419 & 384 of the IPC and Section 66-D of the Information & Technology Act.

2.

Case of the prosecution, in brief, is that present applicant impersonated himself as the Collector of District has attempted to extort money from the complainant by putting fear and thereby committed the aforesaid offence.

3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in this case. He

would further submit that the applicant has neither extorted money from any person nor recovered any money from him and therefore, he may be released on bail.

4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; material against the present applicant, his pre-trial detention and the fact that charge-sheet has already been filed, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular 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.

9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE B/-