High Court Of ChhattisgarhMCRCA/1116/2019allowed

Sadanand Vishwal v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1116 of 2019 • Sadanand Vishwal S/o Shri Santosh Vishwal Aged About 36 Years R/o Village- Kanaktura, Police Station- Rengali, District- Jharsuguda, Odisha. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Chakradhar Nagar, Raigarh, District- Raigarh, Chhattisgarh.

---- Respondent For Applicant :

Shri Vinay Pandey, 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 complainant, who is running a Cloth Shop, lodged a report that his employee prepared lesser bills on computer in favour of the applicant and other retailers and sold them clothes on commission, thereby the applicant received stolen property by fraud.

3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. The

applicant has purchased the goods on invoices and he has not committed any fraud. 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