Roshanlal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4487 of 2019 Roshanlal S/o Sunderlal, aged about 28 years R/o Gadamod, P.S. Jaijaipur, Distt. Janjgir-Champa (C.G.).

--- Applicant

Versus

State of Chhattisgarh Through Station house Officer, Police Station Champa, Distt. Janjgir-Champa (C.G.) ---- Respondent For Applicant :

Mrs. Indira Tripathi, Advocate For Respondent :

Mr. Alok Nigam, Govt. Advocate Hon'ble Shri Justice Arvind Singh Chandel Order on Board 07/08/2019 1.

The Applicant has preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 181/2016 registered at Police Station Champa, District Janjgir-Champa (C.G.) for the offence punishable under Sections 419, 420, 34 of the IPC 2.

In this case there are two accused persons. The allegation against the Applicant is that he by alluring the Complainant Mohnish has obtained Rs. 2,21,000/- for providing him govt. job and thereafter did not provide job. A report was made by the Complainant on 08./08/2016. On the basis of said, offence has been registered. The Applicant has been arrested on 02/07/2018.

3.

Learned counsel appearing on behalf of the Applicant submits that the

Applicant is innocent and has been falsely implicated in the present case due to some dispute. From the material available on record, prima-facie no offence under Section 420 of the IPC can be made. She further submits that that Applicant is in custody since 02/07/2018, charge-sheet has not been filed yet and co-accused has already been granted bail by the trial Court itself, therefore, she prays that the Applicant may be released on bail.

4.

Counsel appearing on behalf of the State also opposes the bail application.

5.

I have heard learned counsel for both the parties. 6.

Considering the entire facts and circumstances of the case, particularly considering that the Applicant is in custody since 02/07/2018, chargesheet has not been filed and co-accused has already been released on bail by the trial Court, without further commenting on merit of the case, I am inclined to release the Applicant on bail. 7.

Accordingly, the bail application is allowed. 8.

It is directed that the Applicant shall be released on bail on his executing a personal bond for a sum of Rs. 20,000/- with one surety of the like amount to the satisfaction of the trial Court for his appearance before the said Court, as and when directed.

Sd/- (Arvind Singh Chandel) Judge Rahul