High Court Of ChhattisgarhMCRC/6941/2021allowed

Mangal Singh v. State Of Chhattisgarh

2021-09-30Hon'Ble The Acting Chief Justice2 pages

MCRC No. 6941 of 2021 & MCRC No. 6945 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6941 of 2021 Mangal Singh S/o Lachhan Yadav Aged About 34 Years R/o Village Jogipali Tahsil And Police Station Kartala, District Korba Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Shyang, District Korba Chhattisgarh.

---- Non-Applicant MCRC No. 6945 of 2021 Jagannath Yadav S/o Amar Say Yadav Aged About 38 Years R/o Village Jogipali, Tahsil And Police Station Kartala, District Korba Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police StationShyang, District- Korba Chhattisgarh. ---- Non-Applicant For Applicant : Shri Dharmesh Shrivastava, Advocate.

For Non-Applicant : Shri Gagan Tiwari, Deputy GA. Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board 30/09/2021 :

1. The aforesaid MCrCs are being disposed of by this common order as they arise out of Crime Nos.13/2020 & 14/2020 registered in Police Station Shyang, District Korba for offence under Sections 420, 467, 468, 471, 120-B, 34 of the IPC.

MCRC No. 6941 of 2021 & MCRC No. 6945 of 2021

2. These are the 2nd bail applications on behalf of the applicants. The first bail application of the applicants bearing MCRC Nos.8246 & 8240/2020 were dismissed on 16.12.2020 along with bail application of other co-accused persons.

3. Co-accused Shyam Singh Rajput has been released on bail vide order dated 17.8.2021 in MCRC Nos.5246, 5392 & 5402 of 2021.

4. Learned State Counsel would oppose the prayer for grant of bail on submission that the applicants were the beneficiary of the entire fraudulent activity, as the amount was deposited in their bank account, therefore, they are not entitled to be released on bail.

5. It may be true that as per the material available in the case diary, the applicants were the beneficiary, but considering that the applicants are in jail since 28.9.2020, the offences are triable by the Judicial Magistrate 1st Class and co-accused person has already been released on bail, I am inclined to release the applicants on bail.

6. Accordingly, the applications are allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court. Sd/- (Prashant Kumar Mishra) Acting Chief Justice Barve