Permendra Singh Thakur v. State Of Chhattisgarh
Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4108 of 2017 • Permendra Singh Thakur S/o Neelamber Singh Thakur Aged About 47 Years R/o-3/1043, Geetanagar, Thana- Saraswati Nagar, Civil & Revenue District- Raipur, Chhattisgarh ---- Applicant
Versus
• State Of Chhattisgarh Through- Police Station- Civil Lines (As Per Charge-Sheet), District- Raipur, Chhattisgarh ---- Respondent ____________________________________________________________ For Applicant :
Mr. Sanjay Agrawal, Advocate.
For Respondent/State :
Mr. O.P. Sahu, Govt. Advocate.
------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 27/11/2017
1. 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 in connection with Crime No. 211/2017, registered at Police Station- Civil Lines, District - Raipur(C.G.) for the offence punishable under Sections 420, 120B, 465, 468 & 471 of the Indian Penal Code (for short 'IPC').
2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. As per the case against him, he was himself induced by the main accused Lais Lat Sagar to bring to him the candidates, who want to be appointed as Forest Guard in Jungle Safari, Raipur. He has simply followed his instructions and had been not benefitted in any manner, hence, prayed that applicant be enlarged on regular bail.
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3. Learned State counsel opposes the prayer for grant of bail, however, he would submit, that as per his memorandum statement applicant had been one of the beneficiaries and received Rs.2,50,000/- commission from the main accused. Hence, he had been instrumental in the commission of crime and for these reasons, he is not entitled for grant of bail.
4. Heard both the parties and perused the case diary.
5. The facts of the case are these, that the main accused Lais Lat Sagar presented himself as Town Inspector to applicant and others, he stated that he has close connection with the Forest Secretary and Chief Secretary Government of C.G.. he can get appointment to the post of Forest Guard in Jungle Safari. On his saying, applicant and others contacted persons who wanted to be appointed as Forest Guard in Jungle Safari at Raipur. In total an amount of Rs.49 lakhs were received by applicant and others and passed it over to the main accused for getting them appointment as promised. Thereafter fake appointment letters were issued by main accused, and on finding the appointment letters forged, complaint was made and case has been registered against the applicant and others.
6. Considering the submissions made and the contents of the case diary and the role of the applicant in this case that after receiving the fake appointment he himself raised doubt on the same and got it verified, I am of this view that this appears to be a fit case where the applicant should be enlarged on bail.
7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.
8. It is directed that the applicant shall be released on bail on furnishing a
Page No.3 personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.
Certified copy as per rules.
Sd/- (Rajendra Chandra Singh Samant) Judge Nisha