Abhishek Mandal v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7067 of 2020 • Abhishek Mandal S/o. Shri J.B. Mandal Aged About 25 Years R/o. J.M.Q. Colony, Vishrampur, Thana- Vishrampur, Thasil/district - Surajpur Chhattisgarh.

---- Applicant

Versus

• The State Of Chhattisgarh Through - Station House OfÏce, Police Station - Ramanujnagar, District - Surajpur, Chhattisgarh.

---- Respondent For Applicant.

:

Mr. Sunil Sahu, Advocate.

For Respondent/State :

Mr. Anand Verma, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 15.12.2020

1. The accused/applicant has moved this Second bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 156/2019 registered at Police Station - Ramanujnagar, District Surajpur (C.G.) for the offence punishable under Sections 420, 409, 467, 468, 471, 120(B) & 212 of the IPC.

2. The first bail application of the applicant was dismissed as withdrawn on 03.02.2020 passed in MCRC No. 7925/2019 and a liberty was given to the counsel for the applicant to file the same after examination of material witnesses.

3. As per the prosecution case, the complainant namely Radheshaym Singh lodged the written report against coaccused Alok Kumar, Branch Manager of the Bank and the present applicant who was the cashier of the bank alleging therein that he availed certain loan from the Central Bank in

the year 2019 and without his consent an amount of Rs. 5 lakhs was transferred to another account by them.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He next submits that the present applicant is a cashier and the loan is disbursed or sanctioned with the permission of Manager of the bank. Referring to Annexure A/2 counsel for the applicant would submit that in a similar case co-accused is granted bail by this Hon'ble Court. The applicant is in jail since 19.10.2019 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this court, therefore, the present applicant may be released on bail.

5. Per contra, State counsel opposes the bail application.

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

7. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicant and as the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

8. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu