Akhileshwar Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8670 of 2020 • Akhileshwar Singh S/o Kamleshwar Singh Parihar, aged about 31 years, R/o village Devri, Thana Jasinghnagar, at present village Gortara, Thana Sohagpur, District Shahdol (M.P.) ---- Applicant

Versus

• State Of Chhattisgarh Through- Thana Prabhari Pachpedi, District Bilaspur (C.G.).

---- Respondent For Applicant :

Mrs. Meena Shastri, Advocate For Respondent :

Mr. Udhaw Sharma, G.A.

Hon'ble Smt Justice Rajani Dubey Order on Board 26/03/2021 1.

The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.06/2019, registered at Police Station - Pachpedi, District Bilaspur (C.G.) for the offence punishable under Sections 420, 406, 379 read with section 34 IPC.

2.

The allegation against the present applicant is that while working as In-charge, Dharmkata in the Kalindi Ispat Pvt. Ltd Company, by manipulating in raw material, fraudulently committed theft and caused loss of Rs.50-60 lakh to the company. Based on this, the offence has been registered against the applicant. The applicant has been taken into custody on 06.08.2020.

3.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. She further submits that the applicant was working as Computer Operator and not In-charge of Dharmkata. She also submits

that the applicant is in custody since 06.08.2020, charge sheet has been filed and there is no likelihood of his case being decided in near future. Therefore, he may be released on bail.

4.

On the other hand, learned counsel for the State opposed the bail application.

5.

I have heard learned counsel for the parties and perused the record.

6.

Considering the totality of the facts and circumstances of the case, quality of evidence and further considering the fact that the present applicant is in custody since 06.08.2020, charge sheet has been filed and the disposal of case may take some time, I am of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 7.

Accordingly, the application is allowed. The applicant is ordered to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one local surety for the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court as and when directed till the disposal of the trial.

Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge Pkd