Surendra Bansal v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5040 of 2018 • Surendra Bansal S/o T.R. Bansal, Aged About 48 Years, R/o Vijeta Complex, New Rajendra Nagar, Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Civil Line, Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Non-applicant For Applicant - Shri Arvind Shrivastava, Advocate. For Non-applicant/State - Shri Anupam Dubey, Deputy Govt. Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 26-07-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 26-06-2018 in connection with Crime No.452/2018 registered at P.S. - Civil Line, Raipur, District Raipur, Chhattisgarh for the offence under Section 409, 467 of the IPC. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 26-06-2018. No case is made out against him. The applicant is a Government servant and because of his illness and suffering he had to undergo treatment, for which he produced medical bills time to time, which were cleared by the department. A totally false FIR has been lodged against this applicant. There is no further requirement of detention of this applicant in jail for the purpose of investigation. Hence, it is prayed that the applicant may be released on regular bail. 3.

Learned counsel for the State/non-applicant opposes the application submitting that investigation is yet to be completed, hence, he is not entitled for grant of bail.

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

The allegation against this applicant is this, that this applicant in the capacity of a Government servant has produced fake and forged medical receipts of purchase of medicines regarding the medical bills submitted to the department and has withdrawn the money and thus cheated the department and Government exchequer.

6.

Considered on the material present in the case diary. For the reason that this applicant is a Government servant and that there is no requirement of his further detention, I feel inclined to grant regular bail to this applicant. 7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby 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/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil