Bhaskar Dutt Dewangan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 4273 of 2019 Bhaskar Dutt Dewangan, S/o. Late Khelkumar Dewangan, Aged About 25 Years, R/o. Village and Post -Lofandi, Police Station -Koni, District Bilaspur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through : Station House Officer, Police Station Chakarbhatha, District -Bilaspur, Chhattisgarh. ---- Respondent For Applicant : Mr. Goutam Khetrapal, Advocate For Respondent/State : Mr. Adil Minhaj, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 12/07/2019 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.88/2019, registered at Police Station -Chakarbhatha, District - Bilaspur (C.G.) for the offence punishable under Section 420, 34 of the Indian Penal Code. 2.

It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. No case is made out against the applicant. The applicant is in jail since 01.06.2019. The applicant was working as employee of Girish Dubey, who was working as franchisee for preparing Ayushman Card, therefore, the applicant

was doing the job on his behalf. The beneficiaries of the said Aushman Card have not made any statement regarding any payment made to this applicant or any other co-accused person. Charge-sheet in this case has been filed after completion of investigation. Therefore, it is prayed that the applicant be granted regular bail. 3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. It is submitted that this applicant was without any authority preparing Ayushman Card for the beneficiaries in an illegal manner and was charging for the same, whereas, the issuance of Ayushman Card is free of cost, therefore, he is not entitled for grant of regular bail. 4.

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

5.

According to the FIR lodged, this applicant and other accused persons were preparing Ayushman Card for the beneficiaries in an authorized manner and without permission of the franchise holder and charging the said beneficiaries Rs.100 & 200/- respectively. Hence, this case. 6.

Considered on the submissions made and the contents of the case diary. Considering on the material present in the case diary and for the reason that the case is now before the trial Court and the trial is likely to take sometime before its conclusion, hence for this reason, this Court is of the opinion that present is a 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 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 trial Court, for his appearance as and when directed.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Adil