High Court Of ChhattisgarhMCRC/5193/2019allowed

Premanand Mahanand v. State Of Chhattisgarh

2019-09-06Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5193 of 2019 • Premanand Mahanand S/o Raiguru Mahanand Aged About 30 Years R/o Siddheshwari Nagar, Kota Ward No. 12, P.S. - Sarswati Nagar Raipur, Tah And District- Raipur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through District Magistrate District- Raipur Chhattisgarh ---- Non-applicant For Applicant : Mr. Badruddin Khan, Advocate.

For Non-applicant/State : Mr. Kapil Maini, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 06-09-2019

1. Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 29.05.2019 in connection with Crime No.156/2018, registered at Police StationAmleshwar, District- Durg, Chhattisgarh for offence punishable under Section 406 of Indian Penal Code.

2. It is submitted by learned counsel for the applicant that the applicant is in jail since 29.05.2019. This applicant has not committed any offence, he has been falsely implicated in this case. The investigation has been completed and charge-sheet has been filed. Therefore, prayed that this applicant be granted bail.

3. Learned counsel for the State/non-applicant opposes the application.

4. Heard learned counsel for the parties and perused the case diary.

5. According to the prosecution case, this applicant was an employee in

-2the Athena World School, District- Durg, C.G. The applicant was authorized to collect fees from the students. It is alleged that this applicant made a collection of school fees from the students and did not deposit the same in the account of the school and thus has embezzled the amount of Rs.10,00,000/- to 12,00,000/-. Hence, this case.

6. Considering that the investigation is now complete and trial against him may take some time, therefore, I feel inclined to allow this application.

7. Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed.

8. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Monika Judge