Subir Kumar Sardar v. State4 Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5223 of 2018 • Subir Kumar Sardar S/o Shri Sadanand Sardar Aged About 32 Years R/o Police Line Jagdalpur House No. 01, Jagdalpur District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Kotwali, Jagdalpur District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh ---- Respondent For Applicants : Mr. Y.C. Sharma, Advocate For State/respondent : Mr. Anupam Dubey, Dy. Govt. Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 02/08/2018

1. This is second bail application on behalf of this applicant for grant of regular bail. His first bail application bearing M.Cr.C. No.2826/18 has been dismissed vide order dated 13.7.2017 for want of prosecution.

2. The applicant is in custody in connection with Crime No.49/2018, registered at Police Station Kotwali, Jagdalpur, District-Bastar (C.G.) for the offence punishable under Sections 420 & 409 of the Indian Penal Code.

3. It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. He is in jail since 09.02.2018. No case is made out against him. The applicant had been an employee of State Bank of India, Jagdalpur. The loss caused to the complainant has been made good by this applicant. Hence, it is prayed that the applicant may be enlarged on regular bail.

4. On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect.

5. I have heard the learned counsel for both the parties and perused the case diary.

6. The allegation against this applicant is this, that in capacity of the bank employee he made use of his ID to withdraw Rs.6,23,000/- from the account of one Mahendra Dhruv on various occasions. Hence, this case.

7. A report has been received from the concerned police station according to which the deposits to the account of said Mahendra Dhruv have been made. In this situation, I feel inclined to grant regular bail to the applicant.

8. Accordingly, the bail application filed under Section 439 of the Cr.P.C. are allowed. It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha