Shankar Lal Rajak v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5554 of 2019 • Shankar Lal Rajak S/o Budh Dev Prasad Rajak Aged About 48 Years, R/o Village Hunkra, P.S.- Katghora, Tahsil Katghora, District- Korba, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : Station House Officer, Police Station- Katghora, District- Korba, Chhattisgarh. ---- Respondent For Applicant : Mr. Awadh Tripathi, Adv.

For Respondent/State : Mr. B.L. Sahu, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 11.11.2019

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 315/2018 registered at Police Station Katghora, District-Korba (C.G.) for the offence punishable under Section 420 of IPC.

2. The prosecution story, in brief is that, the complainants Jaichand Singh Raj and others have lodged a report that the present applicant has given assurance to provide job to the complainants and their family members and taken a sum of Rs. 33,00,000/- from the complainants but the applicant unable to provide the job to them and when the complainants have demanded their money the applicant has provided money only to some complainants. Based on this offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. The applicant is in jail since 05.10.2018, there is no likelihood of his

case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the facts that the offence is triable by Judicial Magistrate First Class, the applicant is in jail since 05.10.2018 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local 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 to him by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu