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High Court Of ChhattisgarhMCRC/6605/2021allowed

Satyendra Kumar Singh, v. State Of Chhattisgarh

2021-11-12Hon'Ble Shri Justice Naresh Kumar Chandravanshi4 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6605 of 2021 Satyendra Kumar Singh, S/o Late Shri Rajapratap Singh, Aged about 40 years, R/o- House No. -636/637, Padmnabhpur, Durg, Tehsil and District - Durg (C.G.) ---- Applicant/Accused

Versus

State of Chhattisgarh, Through: The Police Station Maudhapara, Raipur, District Raipur ----Non-applicant For Applicant : Mr. Harshwardhan Parganiya, Advocate. For Non-applicant : Mr. B.P. Banjare, Dy. Govt. Advocate. Hon'ble Shri Justice N.K. Chandravanshi Order On Board 12.11.2021 (1) The applicant/accused has preferred this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail in connection with Crime No. 54/2019 registered at police Station Maudhapara, Raipur, District - Raipur for commission of offence punishable under Sections 420, 467, 468, 471, 201 & 34 of the Indian Penal Code.

(2) Case of the prosecution, in brief, is that main accused of this case namely Narendra Yadav @ Pankaj Sharma and other co-accused persons make a forged website in order to secure employment in Railway Department and collected Rs.1,50,000/- from the applicant and also collected money from other persons. As per case diary, they have collected about Rs.20 lakhs from various persons for providing them job but they did not provide any job to any person and thereby committed the aforesaid offences.

(3) Learned counsel for the applicant would submit that applicant was working for

main accused Narendra Yadav @ Pankaj Sharma as part time worker, he has not cheated any person or has not made alleged forged website. He would next submit that applicant has not taken any amount from any person. As per FIR & charge sheet, amount was deposited in the bank account of Bisesar Dewangan, who is brother of main accused Narendra Yadav @ Pankaj Sharma. He would next submit that applicant has been arrested on 14.12.2020; charge-sheet has already been filed and conclusion of the trial will likely to take long time, therefore, the applicant may be released on bail.

(4) Per contra, counsel for the State opposes the submissions made by counsel for the applicant stating the applicant is also actively participated in the alleged crime of cheating and forgery, hence, he is not entitled to be released on bail. (5) Considered the submissions made by counsel for the parties and perused the case diary as well as material available on record. (6) Considering the facts & circumstances of the case, nature & gravity of the offence, also taking into consideration the fact that the charge sheet has already been filed and the applicant is languishing in jail since 14.12.2020; applicant is permanent resident of District Durg, hence, there is no chance of tempering the prosecution witnesses or absconding the applicant, I am of the view that it is a fit case to release the applicant on bail.

Accordingly, the bail application is allowed. (7) Accused/applicant 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/- (N.K. Chandravanshi) Judge D/-