Lais Lat Sagar @ Lais Lard Sagar v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5418 of 2018 • Lais Lat Sagar @ Lais Lard Sagar S/o Layal Sagar, Aged About 24 Years, R/o P-3, A-159 Nawagaon Sector 27, New Raipur Tahsil And District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Civil Line Raipur Civil And Revenue District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ----Non-applicant For Applicant - Shri Dhirendra Pandey and Shri Vikash Pandey, Advocates. For Non-applicant/State - Shri Anupam Dubey, Deputy Govt. Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 24-08-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is third bail application before this Court filed by the applicant for grant of regular bail. His first bail application, MCRC No.4909/2017 was disposed off as withdrawn by order dated 27-11-2017 and his second bail application, MCRC No.7938/2018 was again disposed off as withdrawn. The applicant has been arrested on 30-03-2017 in connection with Crime No.211/2017 registered at P.S. - Civil Line Raipur, District Raipur, Chhattisgarh for the offence under Section 420, 120B, 465, 468, 471 of the IPC.

2.

It is submitted on behalf of the applicant that circumstances have changed after passing of the time. The applicant is in jail since 1 year and 5 months and so far the progress in the trial is not satisfactory, out of 20 witnesses in the prosecution list only 9 witnesses have been examined and the witnesses who are examined they all have turned hostile by not supporting the prosecution case. Hence, under this change in circumstances, it is prayed that the applicant may be granted regular bail.

3.

Learned counsel for the State/non-applicant opposes the application

-2submitting that this applicant happens to be the main accused in this case who has collected huge amount of 49 lacs from the innocent aggrieved persons by giving inducement to them that he can get them appointed as Forest Guard in Jungle Safari at Raipur. Hence, he is not entitled for grant of bail. 4.

Heard learned counsel for the parties and perused the case diary. 5.

It is alleged that this applicant presented himself as Town Inspector to the complainant and others and posed that he has connections with the high officials of the Forest Department and Government and he gave inducement to the complainant and others that he is capable of getting them appointed as Forest Guard in Jungle Safari, Raipur and has received Rs.49,00,000/- in all from 63 persons. Subsequent to that, fake appointment letter was also issued by this applicant. When the complainant came to know about the fraud committed he has lodged the FIR in this case. 6.

Considered on the entire material present the case diary. Only for the reason that the trial is getting delayed in this case and still a number of witnesses to be examined before the trial Court, I feel inclined to grant regular bail to this applicant.

7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the 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 Court, for his appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil