High Court Of ChhattisgarhMCRCA/1093/2019allowed

Dhaniram Padhi v. State Of Chhattisgarh

2019-08-19Hon'Ble Smt. Justice Rajani Dubey3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1093 of 2019 • Dhaniram Padhi S/o Tirthawasi Padhi Aged About 27 Years Caste Bramhan, R/o Village Bade Navapara Police Station Sariya, Tahsil Baramkela, District- Raigarh, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Chakaradhar Nagar, District- Raigarh, Chhattisgarh. ---- Respondent For Applicant :

Shri Roop Naik, Advocate.

For Respondent.

Shri B.L.Sahu, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 19/08/2019

1. This is the first application filed by the applicant under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail, who is apprehending his arrest in connection with Crime No. 206/2019, registered at Police Station Chakradhar Nagar, Raigarh, District Raigarh (CG) for the offence punishable under Section 408, 34 of the IPC.

2. Case of the prosecution is that the applicant, who is working as Computer Operator in the Cloth Shop of the complainant has not prepared the actual bill and given undue advantage to other businessman and thereby committed breach of trust, due to which, the complainant suffered loss.

3. Learned counsel for the applicant submits that the applicant is

innocent and he has been falsely implicated in the case. The applicant is employee and working as a Computer Operator in the shop and he prepared the bill as per prescribed value on direction of the complainant. He prays for releasing the applicant on anticipatory bail.

4. Counsel for the State, however, opposes the application for anticipatory bail.

5. I have heard learned counsel both the parties and perused the casediary.

6. Considering the totality of the facts, in particular, the nature of allegations against the applicant, this Court is of the view that it is a fit case to grant anticipatory bail to the applicant. Accordingly, the application filed under Section 438 Cr.P.C. is allowed.

7. It is directed that in the event of arrest of the applicant in connection with aforesaid crime number, he shall be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the officer arresting him. He shall abide by all the terms and conditions laid down in Section 438 (2) of the Code of Criminal Procedure.

8. Certified copy as per rules.

Sd/ (Rajani Dubey) suntia JUDGE