Mukund Bhoy v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 620 of 2017 • Mukund Bhoy S/o Urkulu Bhoy, Aged About 31 Years R/o Schoolpara, Kanthipali, Police Station Sariya, District Raigarh, Chhattisgarh. --- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Out Post Chowki Jutmil, Police Station Kotwali, District Raigarh, Chhattisgarh. ---- Respondent For the applicant : Mr. Vivek Tripathi, Advocate For the Respondent : Mr. Anupam Dubey, Dy.Govt. Adv.

Hon'ble Shri Justice GOUTAM BHADURI Order on Board .02.2017

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 57/2016 registered at Police Station Out Post Chowki Jutmil Kotwali, Distt. Raigarh (C.G) for the offence punishable under Sections 420, 465, 467 & 468 of IPC.

2. As per the prosecution case, a report was made by one Manoj Kumar that on 25.11.2015 the applicant made a fake advertisement on behalf of the State Bank for recruitment of 5 posts and distributed different application forms for Rs.400-500/-. Subsequently the examination was conducted on 06.11.2015 and it was found that it was completely forged and the applicant was not authorized to conduct the examination on behalf of the State Bank.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated; the charge sheet in this case has been filed and the evidence has not yet commenced and as

many as 60 witnesses have been enlisted therefore the trial will take time. He further submits that the applicant is in jail since 28.01.2016 therefore looking to the period of detention he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application.

5. Perused the case diary and the documents. It appears that Rs.400/- has been collected from 40-50 persons and the charge sheet in this case has been filed.

6. Taking into the degree of allegations levelled against the applicant as also the fact that the charge sheet in this case has been filed and the applicant is in jail since 28.01.2016, this Court is inclined to release him on bail.

7. Accordingly, this application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the said Court as and when directed by the said Court.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao