Kamta Prasad Yadu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6116 of 2018 Kamta Prasad Yadu S/o Shri Babulal Yadu, aged about 30 years, OccupationPrivate Servant, R/o Aakakoni, P.S. Suhela, District Baloda Bazar Bhatapara, at present resident of Heera Nagar, Telibandha, P.S. Telibandha, Raipur, Tahsil and District- Raipur (C.G.).

--- Applicant

Versus

State of Chhattisgarh, Through- Station House Officer, Police Station Telibandha, District- Raipur (C.G.).

---- Respondent For Applicant :

Mr. Santosh Kumar Verma, Advocate For Respondent :

Mr. Anil Pandey, Govt. Advocate Hon'ble Shri Justice Arvind Singh Chandel Order on Board 28/09/2018 1.

The applicant has preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 334/2018 registered at Police StationTelibandha, Raipur (C.G.) for the offence punishable under Section 420 of the IPC.

2.

As per prosecution story, on 03/07/2018 complainant- Neelkanth Yadu made a report alleging that between 01/01/2015 to 13/12/2017, the present applicant on the pretext of providing job had taken Rs. 6,87,000/- from the complainant and 8 other persons, but he did not provide them job. On the basis of said report, offence has been registered and the applicant has been taken into custody on 16/07/2018.

3.

Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the present case. There is no documentary evidence with regard to any payment made to the applicant, therefore, primafacie no case is made out against him. He is in custody since 16/07/2018, charge-sheet has been filed and the trial will take time, therefore, he may be released on bail. 4.

Per contra, learned counsel appearing on behalf of the State opposes the bail application.

5.

Considering the entire facts and circumstances of the case, particularly considering that the applicant is in custody since 16/07/2018, chargesheet has already been filed and the trial will likely to take some time, without further commenting on merit of the case, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed. 7.

It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court, as and when directed.

Sd/- (Arvind Singh Chandel) Judge Rahul