Rajesh Kumar Sharma v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5194 of 2019 • Rajesh Kumar Sharma S/o Late Baburam Sharma Aged About 58 Years R/o House No. 448, Phase - 1, Behind Holi Nursery School, Rajkishor Nagar, Police Station Sarkanda, Tahsil And District Bilaspur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Sirgitti, Civil And Revenue District Bilaspur Chhattisgarh ---- Non-applicant For Applicant : Mr. H.B. Agrawal with Mr. Umesh Pandey, Advocates.

For Non-applicant/State : Mr. Adil Minhaj, G.A.

For objector : Mr. Atanu Ghosh, Advocate.

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 06.07.2019 in connection with Crime No.182/2019, registered at Police StationSirgitti, Civil And Revenue, District- Bilaspur, Chhattisgarh for offence punishable under Sections 420, 467, 468, 471, 120-B/34 of Indian Penal Code.

2. It is submitted by learned counsel for the applicant that the applicant is in jail since 06.07.2019 and he has not committed any offence in capacity of Branch Manager of Punjab National Bank, Bilaspur. The applicant has sanctioned the loan completing the documents filed before him for the same. There is no further requirement of his detention in jail. Therefore, prayed that he may be granted bail.

-23. Learned counsel for the State/non-applicant opposes the application and submits that it is a case of huge fraud which has been committed by the main accused in connivance of the main applicant.

4. Learned counsel for the objector submits that the main accused in this case has committed similar offences and there is evidence present to show that this applicant had collaborated and assisted him in sanctioning huge loan to the person who was only an employee of the main accused person. Therefore, prayed that application may be rejected.

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

6. According to the prosecution case, the main accused- Vishjeet Bhaumik conspired and collaborated with this applicant, had got a loan sanctioned in the name of this applicant by making use of forged documents in connivance with this applicant.

7. As the investigation is going on and is at an advanced stage and there is no further requirement of continuous detention of this applicant in jail, therefore, I feel inclined to allow this application.

8. 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.

9. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Monika Judge