High Court Of ChhattisgarhMCRC/5126/2018allowed

Rajesh Netam v. State Of Chhattisgarh

2018-08-09Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5126 of 2018 • Rajesh Netam S/o Gharau Ram Aged About 42 Years R/o Shiv Nagar Ward, Kanker, Police Station And Tahsil Kanker, District- South Bastar Kanker Chhattisgarh (Not Mentioned In The Order Sheet Of The Learned Court Below)........... (In Jail), ---- Appellant

Versus

• State Of Chhattisgarh Through- Station House Officer, Police Station Kanker, Civil And Revenue District- South Bastar Kanker, Chhattisgarh ---- Respondent For Appellant :

Shri S.K. Agrawal, Advocate For Respondent/State :

Shri Sangharsh Pandey, Dy. GA for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 09/08/2018

1. This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 24.03.2018 in connection with Crime No.428/2017 registered at Police Station Kanker, Civil and Revenue District South Bastar kanker (CG) for the offence punishable under Sections 380, 420, 467, 468 & 471 IPC.

2. As per the prosecution case, a report was made by Draupadi that on 09.02.2017 someone has taken out an amount of Rs.21000/- from her bank account. Subsequently, it was revealed that the present applicant, who is the

brother-in-law of the complainant has taken out the amount by forged signature. Thereby the offence has been committed.

3. Learned counsel for the applicant submits that the applicant is in jail since 24.03.2018 and some compromise has been effected in between the parties and because of some confusion/misunderstanding the report was made, therefore, the applicant may be released on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. Considering the facts and circumstances, the nature of allegation and also taking into that the applicant is in jail since 24.03.2018, I am inclined to release the applicant on bail.

6. Accordingly, the application is allowed and 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 trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. Sd/- Goutam Bhaduri Judge Ashu