High Court Of ChhattisgarhMCRC/6498/2015allowed

Vedram Sonwani v. State Of Chhattisgarh

2015-12-04Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6498 of 2015 • Vedram Sonwani, son of Heeruram Sonwani, Aged About 38 Years, R/o Mahamaya Para, Ward No. 12, Patan, Police Station Patan, Tahsil Patan, Civl and Revenue District Durg (Chhattisgarh) --- Petitioner

Versus

• State of Chhattisgarh through: The Police Station Patan, Civil And Revenue District Durg (Chhattisgarh) --- Respondent For the applicant :

Mr. P.P. Sahu, Advocate For the Respondent :

Mr. Ramakant Mishra, Dy.A.G.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 04.12.2015

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 110/2015 registered at P.S. Patan, Distt. Durg (C.G) for the offence punishable under Section 420 & 409 IPC.

2. Prosecution case, in brief, is that a complaint was lodged by Chhabishyam Dewangan alleging that the applicant was working as Agent in HBN Finance Company and the complainant obtained an insurance policy through the applicant and from 15.08.2008 to 31.08.2009, he paid 29 instalments through the agent, but out of 29 instalments, only 6 instalments were deposited by the applicant in the Company and therefore, the offence is committed.

3. Learned counsel for the applicant submits that the charge sheet in this case has been filed and the entire amount deposited by way of instalments for the period from

15.08.2008 to 31.08.2009 was paid back to the complainant, therefore, no case is made out and the applicant has been falsely implicated.

4. Per contra, learned State Counsel opposes the bail application.

5. I have perused the case diary and the charge sheet. The applicant is in jail since 23.09.2015.

6. Having considered the degree of allegations and the manner in which the offence is alleged to have been committed and further considering the detention of the applicant, this Court is inclined to release him on bail. Accordingly, this application is allowed.

7. The applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court . He is directed to appear before the said Court as and when directed by the said Court.

8. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao