Dharmendra Pradhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 2765 of 2017 • Suresh Bhoi S/o Shri Arzi Bhoi, Aged About 47 Years By Caste Kolta, R/o Paraswali, Thana Sankra, Civil And Revenue District Mahasamund, Chhattisgarh., Chhattisgarh.

----Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Sankara, District Mahasamund, Chhattisgarh., Chhattisgarh. ---- Respondent M.Cr.C. No. 3737 of 2017 • Dharmendra Pradhan S/o Shri Mukund Pradhan, Aged About 26 Years R/o Village Mohgaon, Police Station Sankara, Tahsil Pithoura, District Revenue And Civil Mahasamund, Chhattisgarh., Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Sankara, District Mahasamund, Chhattisgarh., Chhattisgarh. ---- Respondent For the Applicants :

Shri Sunil Sahu, & Shri Yogesh Pandey, Advocates.

For the Respondent/State :

Anupam Dubey, Dy. G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board

29.01.2018

1. Both the applications are heard and decided together by this common, order, as both the bail applications are arising out the same crime number and offences.

2. These are the first bail application for grant of bail to the applicants who have been arrested in connection with Crime No. 14/2017 registered at Police Station - Sankara, District - Mahasamund (C.G), for the offences under Sections 420, 406, 408, 409, 201, 120 B / 34 of the Indian Penal Code.

3. Learned counsel for the applicants submits, that both the applicants have been falsely implicated in this case. The defalcated paddy found in inspection of the Gramin Seva Sahkari Samiti, Maryadit, Sagundhab, has been recovered from Kanha Rice Mills. The coaccused persons in this case have been granted bail by the trial Court itself. The applicant- Suresh Bhoi is in jail since 23.02.2017 and the applicant Dharmendra Pradhan is in jail since 19.02.2017. The trial is likely to take some time for its completion, as there are 56 witnesses to be examined, hence, it is prayed that the applicants may be granted bail.

4. Learned counsel for the State opposes the bail applications and the submissions made. It is submitted that there is a sufficient evidence against these applicants for prosecution against them, hence, they are not entitled for grant of bail.

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

6. On inspection of Gramin Seva Sahkari Samiti, Maryadit, Sagundhab

781.20 quintals paddy was found short. The applicant- Suresh Bhoi in M.CR.C. No. 2765 of 2017 was in-charge of the said society and the applicant - Dharmendra Pradhan in M.CR.C. No. 3737 of 2017 was posted as Data Entry Operator in the same society, who were held responsible. In the investigation it was found that defalcated paddy was sold by the co-accused - Naresh Agrawal proprietor of the Kanha Rice Mills, causing loss of Rs. 11, 50, 060 /- to the society.

7. Considering on the submission and contents of the case diary and taking into consideration this fact that the co-accused persons in this case have been granted bail by the trial Court and the trial is likely to take some time for its conclusion, the applicants are local residents and their availability before the trial Court can be ensured, they are ready to abide by all the conditions imposed upon him, hence, for these reasons, this Court is of the opinion that this is a fit case, where the applicants in both the cases are entitled for grant of bail.

8. Consequently, both the applications M.Cr.C. No. 2765 of 2017 and M.Cr.C. No. 3737 of 2017 filed under Section 439 of the Cr.P.C. are hereby allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. Sd /- (Rajendra Chandra Singh Samant) Judge Jamal