High Court Of ChhattisgarhMCRC/6579/2018allowed

Puranik Lal Sapaha v. State Of Chhattisgarh

2018-10-11Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6579 of 2018 • Puranik Lal Sapaha S/o Late Manglu Ram Sapaha Aged About 44 Years R/o Babu Bagicha, Ward No. 4, Police Station Patan, District Durg Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through : Station House Officer, Police Station Supela, District Durg Chhattisgarh ---- Respondent For Applicant :

Shri C.B. Kesharwani, Advocate For Respondent/State :

Shri D.R. Minj, Dy. GA for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 11/10/2018

1. This is the Second Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 13.09.2016 in connection with Crime No.684/2016 registered at Police Station Supela, District Durg (CG) for the offence punishable under Sections 418, 420, 467, 468, 471 & 120B/34 IPC.

2. The first bail application bearing M.Cr.C. No.1928 of 2017 was dismissed on 06.04.2017.

3. As per the prosecution case, the present applicant had identified one Nehru Lodhi as Vishnu Lodhi and thereafter the applicant entered into an agreement

and obtained Rs.4 Lakhs from the complainant namely Bairagi. Thereby the offence has been committed.

4. Learned counsel for the applicant submits that the applicant is in jail since 13.09.2016 and the delay has occurred in trial and no further investigation would be required, therefore, the applicant may be released on bail.

5. Per contra, learned State counsel opposes the prayer for grant of bail.

6. Considering the fact that the applicant is in jail since 13.09.2016 and the trial has not concluded yet. Considering the detention of the applicant, I am inclined to release the applicant on bail.

7. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. Sd/- Goutam Bhaduri Judge Ashu