Santosh Kumar & ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4799 of 2019

1. Santosh Kumar,. S/o Lali Singh Aged About 35 Years R/o Bagodar, Post And Thana- Hisawaa, District- Nawada Bihar.,

2. Vinay Kumar Bhartiya @ Minthlesh S/o Late Kishun Singh Aged About 30 Years R/o Pakari, Thana- Fatehpur, District- Gaya, Bihar.,

3. Niwas Kumar Bhumihar S/o Devnandan Singh Bhumihar Aged About 31 Years R/o Village Fatehpur, Gaya, Bihar.

4. Sandip Kumar Bhumihar S/o Vijay Singh Bhumihar Aged About 31 Years R/o Village Fatehpur, Gaya, Bihar ---- Petitioner

Versus

• State Of Chhattisgarh Thorugh Station House Officer, ThanaCivil Lines, Bilaspur, District- Bilapsur, Chhattisgarh. ---- Respondent For Applicants : Shri Sanjay Patel, Advocate For Respondent /State : Shri Sameer Sharma, Dy.GA Hon'ble Smt. Justice Rajani Dubey Order On Board 19/08/2019 The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No.148/2019 registered at police station Civil Lines, District Bilaspur (CG) for the offence punishable under Sections 420,120-B and 34 IPC.

As per prosecution case, complainant namely Champa Bai has lodged a report against the applicants that without her knowledge, they have withdrawn Rs. 3,50,000/- from her Account through the ATM Card.

Counsel for the applicants submits that they have been falsely implicated and they are in jail since 28.05.19 and the trial will take time for final disposal and therefore they may be released on bail. On the other hand, learned counsel for the State opposes the bail application.

Considering the totality of the facts and circumstances of the case, in particular the nature of allegation against the applicants, I am inclined to release them on bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed.

It is directed that in the event of the applicants furnishing a personal bond of Rs. 50,000/- with one surety each in the like sum to the satisfaction of the concerned court for their appearance before it as and when directed, they shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna