Atul Kumar Shrivastava v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4770 of 2019 • Atul Kumar Shrivastava, S/o Shri J.N.L. Shrivastava, Aged About 48 Years, R/o Super Estate Colony, Mahaveer Nagar, Math Purena , District-Raipur, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through The Station House Officer, Police Station-Ganj, Raipur, District-Raipur, Chhattisgarh. ---- Respondent __________________________________________________________ For Applicant :

Mr. T.K. Tiwari, Advocate.

For Respondent :

Mr. Devendra Pratap Singh, Dy. Adv.

General.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 30/07/2019 Heard.

1. This is the second bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.322/2018 registered at Police Station- Ganj District- Raipur(C.G.) for the offence punishable under Sections 420 & 408 of the Indian Penal Code and Section.

2. This is Second bail application filed on behalf of the applicant for grant of regular bail. First bail application of this applicant was decided and rejected on merits by this Court. This application has been filed on the ground that the wife of the applicant has paid to the complainant all the amount which is alleged to be defalcated by the applicant, regarding

Page No.2 which she had represented to the Superintendent of Police and that the presentation is under inquiry. It is prayed that the father of the applicant is admitted in ICU of the hospital and he is in death-bed, the documents of treatment have been presented by the counsel for applicant for perusal of this Court, which shows that the father of the applicant is a cancer patient, therefore, only on this ground, I feel inclined to allow this application on temporary basis to the applicant to perform his duty towards his father on humanitarian ground, therefore, the application is allowed is temporary basis.

3. Accordingly, the applicant is ordered to be released on temporary bail for a period of one month from the date of his release on his executing a personal bond of Rs.25,000/- with one surety in the like sum to the satisfaction of the Court concerned. The applicant shall not misuse the liberty granted to him and shall not leave the city without prior permission of the Court. He shall surrender before the Court below concerned immediately after completion of one month from the date of his release.

4. Accordingly, the petition is disposed off. Certified copy today.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha