← Library
High Court Of ChhattisgarhMCRC/7579/2020allowed

Devendra Dubey v. State Of Chhattisgarh

2020-12-11Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7579 of 2020

1. Devendra Dubey S/o Parasram Dubey Aged About 26 Years Resident Of Village Hirri Police Chowki Litiya Amariya Police Station Boree Tahsil Dhamdha District Durg Chhattisgarh.

---- Applicant

Versus

1. State Of Chhattisgarh Through Police Station Boree District Durg Chhattisgarh.

---- Respondent MCRC No. 7796 of 2020

1. Devendra Dubey S/o Parasram Dubey Aged About 26 Years R/o Village - Hirri Police Chowki - Litiya Amariya Police Station - Boree Tahsil - Dhamdha District - Durg Chhattisgarh.

---- Applicant

Versus

1. State Of Chhattisgarh Through - Police Chowki (Out Post) - Anjora Police Station - Pulgaon District - Durg Chhattisgarh. ---- Respondent For Applicants Mr. Ajit Singh, Advocate For Respondent /State Mr. H.S. Ahulwalia. Dy. Adv. General Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 11/12/2020

1. Since both the bail applications filed by the applicant - Devendra Dubey they are being considered and decided by this common order.

2. The applicant has preferred these first bail applications under Section 439 of CrPC, as he is arrested in connection with Crime No.61/2019, registered at Police Station Boree, Dist. Durg, for the offence punishable under Section 420, 34 of the Indian Penal Code and in connection with Crime No.359/2019 registered at Police Station Pulgaon (Out Post Anjora), for the offence punishable under Sections 420, 406, 34 of the Indian Penal Code.

3. Applicant has allegedly procured paddy from the villagers assuring them to make payment of price of paddy. Later on he refused to pay the money. Value of the paddy purchased by the applicant is more than Rs.16.00 lacs (in M.Cr.C.No.7579 of 2020) and more than Rs.5.00 lacs (in M.Cr.C.No.7796 of 2020).

4. Learned counsel for the State would oppose the bail applications.

5. Considering the facts situation of the case and the length of pre trial detention of the applicant and also considering that the offences are triable by the JMFC, I am of the opinion that present is a fit case to release the applicant on regular bail.

6. Accordingly, both the bail applications are allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court, in respect of each crime. He is directed to appear before the trial Court on each and every date given by the said Court.

7. Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Judge Gowri