Baljeet Sharma v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3396 of 2017 • Baljeet Sharma S/o Shri Ramnivas Sharma, Aged About 45 Years, R/o Village - Khareti, Post - Khareti, P.S.- Julana, District Jind (Haryana) ---- Applicant

Versus

• State Of Chhattisgarh, through, Station House Officer, Police StationCity Kotwali, District Dhamtari, Chhattisgarh. ---- Non-applicant For Applicant - Shri Awadh Tripathi, Advocate. For Non-applicant/State - Shri Vinod Tekam, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 06-11-2017 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court by the applicant for regular bail. The applicant was arrested on 17-10-2016 in connection with Crime No.284/2015 registered at P.S. City Kotwali, District Dhamtari, C.G. for the offence under Section 420, 34, 409, 120B, 467, 468, 471 of the IPC and Section 4, 5, 6 of the Price Chit Fund and Money Circulation Act.

2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is simply an employee of said G.N. Dairy and Gold Company and he has been termed as Zonal Manager of Madhya Pradesh by statement of some of the witnesses. No activity on his part has been stated by any of the witnesses in this case. The applicant has been granted bail by the High Court of Madhya Pradesh in MCRC No.9536/2017 in a case registered against him in the State of Madhya Pradesh. In a similar case Shailendraban Goshwami, the co-accused in this case has been granted bail by coordinate Bench of this Court in MCRC No.6458/2016 on the ground that the said applicant was simply employee of the company. It is submitted that the

-2applicant is neither director of the company nor any key person in the said company and he is not signatory to any of the documents constituting the company. Hence, it is prayed that the applicant may be enlarged on bail. 3.

Learned counsel for the State/non-applicant opposes the application and submission made. It is submitted that the applicant is resident of State of Haryana and if he is released on bail, his presence before the trial Court will become impossible. It is also submitted that the applicant was Zonal Manager having control of the company in Chhattisgarh, hence, he can be held responsible for the policy decision of the company, on the basis of which the agent and other workers employed in Chhattisgarh had to work, which has resulted in commission of offence. Therefore, for these reasons it is prayed that the application may be rejected.

4.

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

After considering on the material against the applicant in the case diary, this Court is of the view that the applicant is entitled for grant of bail. 6.

Consequently, the application (MCRC No.3396/2017) filed under Section 439 of the Cr.P.C. by the applicant 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.50,000/- with two local sureties each in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

7.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil