Saurabh Hajra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8330 of 2020 • Saurabh Hajra S/o Tapan Hajra, Aged About 28 Years R/o Suryodaya Harmony, Avanti Vihar Raipur Tahsil And District Raipur Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, P.S. Telibandha, Raipur, District Raipur Chhattisgarh.

---- Respondent For Applicant.

:

Mr. Varun Sharma and Mr. Harshad Kr. Vyas, Advocate.

For Respondent/State:

Mr. Raghvendra Verma Dy. G.A.

For Objector :

Ms. Aditi Singhvi, Adv.

Hon'ble Smt. Justice Rajani Dubey Order on Board 22.03.2021

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 318/2020 registered at Police Station - Telibandha, District - Raipur (C.G.) for the offence punishable under Section 409 of the IPC.

2. As per the case of prosecution, the applicant is an employee of the Hotel Courtyard Mariott, Raipur. The Finance Controller of the Hotel has made a complaint that the applicant has embezzled an amount of Rs. 26,02,749/- of the Hotel by taking it from the clients but not depositing it with the hotel.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He next submits that the offence is triable by Judicial Magistrate First Class. As the applicant is in jail since 14.10.2020 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this court, therefore, the present applicant may be released on bail.

4. Per contra, State counsel as well as counsel for the Objector opposes the bail application.

5. I have heard learned counsel for the parties and perused the case diary.

6.

Considering the totality of the facts and circumstances of the case, nature of allegation & detention period of the applicant, I am of the opinion that present is a fit case to release the applicant on bail.

7.

Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs. 1,00,000/- with one local surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

9.

Certified copy as per rules.

Sd/- (Rajani Dubey) Judge V/-