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High Court Of ChhattisgarhMCRC/8086/2021allowed

Anil Kumar Namdev v. The State Of Chhattisgarh

2021-10-29Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8086 of 2021 • Anil Kumar Namdev S/o Shri Rajmani Namdev Aged About 36 Years R/o Near Indian Public School, Ward No. 12, Sindhauri, Bemetera, District- Bemetara Chhattisgarh.

---- Applicant

Versus

• The State Of Chhattisgarh Through The Station House Officer, Police StationDevbhog, District Gariyaband Chhattisgarh. ---- Respondent For Applicant :

Shri Neeraj Kumar Mehta, Advocate For Respondents/State :

Shri Vikram Sharma, Dy. GA Hon'ble Shri Justice Goutam Bhaduri Order 29/10/20

1. Heard.

2. This is the First 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 24.09.2021 in connection with Crime No.12/2021 registered at Police Station Devbhog, District Gariyaband (CG) for the offence punishable under Sections 420, 409, 34 of the Indian Penal Code, and Section 138 (1) (C) of the Chhattisgarh Electricity Act.

3. As per the prosecution case, the applicant who is a Junior Engineer, working in the department of Chhattisgarh State Power Distribution Company Limited,

allowed one petrol pump to avail electricity connection without getting deposit the requisite amount which was to be deposited to get a valid connection which has caused a loss of Rs.4,36,475/- to the department, therefore, the offence has been registered.

4. Learned counsel for the applicant submits that the applicant has been arrested on 24.09.2021 and no further investigation is required. He would further submit that the evidence are documentary in nature, therefore, the applicant may be released on bail.

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

6. Considering the nature of allegation and the fact that prima facie it appears that the evidence are documentary in nature and the applicant is already in jail since 24.09.2021, 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/-Sd/- Goutam Bhaduri Judge Ashu