Sachin Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1349 of 2019 • Sachin Sharma S/o Natwarlal Sharma Aged About 27 Years R/o Kotra Road, Police Station Kotra Road, Raigarh, Tahsil And District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Chakradhar, Nagar, Raigarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ---- Respondent For Applicant :

Shri Hari Agrawal, Advocate.

For Respondent.

:

Shri B.L.Sahu, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 19/08/2019

1. Heard on admission.

2. Admit.

3. This is the first application filed by the applicant under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail, who is apprehending his arrest in connection with Crime No. 206/2019, registered at Police Station Chakradhar Nagar, Raigarh, District Raigarh (CG) for the offence punishable under Section 408, 34 of the IPC.

4. Case of the prosecution is that the applicant, who is working in the Cloth Shop of the complainant, along with co-accused delivered excess material to other businessman so as to give them undue advantage and received commission from them, due to which, the

complainant suffered loss.

5. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. The applicant is employee and working in the shop of the complainant and as the applicant refused to work as per command and collect the illegal bills to escape tax liability, a false report has been lodged against him. He prays for releasing the applicant on anticipatory bail.

6. Counsel for the State, however, opposes the application for anticipatory bail.

7. I have heard learned counsel both the parties and perused the casediary.

8. Considering the totality of the facts, in particular, the nature of allegations against the applicant, this Court is of the view that it is a fit case to grant anticipatory bail to the applicant. Accordingly, the application filed under Section 438 Cr.P.C. is allowed.

9. It is directed that in the event of arrest of the applicant in connection with aforesaid crime number, he shall be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the officer arresting him. He shall abide by all the terms and conditions laid down in Section 438 (2) of the Code of Criminal Procedure.

10.Certified copy as per rules.

Sd/ (Rajani Dubey) suntia JUDGE