Anand Ratre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5450 of 2015 Anand Ratre, son of Shri Dallu Prasad Ratre, Aged about 26 years, resident of village Chind, Thana Sarangarh, Tahsil Sarangarh, District Raigarh (C.G).

--- Applicant

Versus

State of Chhattisgarh Through The District Station House in Charge, Sarangarh, District Raigarh (Chhattisgarh).

--- Respondent For the applicant :

Mr. Pravin Das, Advocate For the Respondent :

Mr. O.P. Sahu, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 26.10.2015

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 36 of 2014 registered at P.S. Sarangarh, District Raigarh (C.G) for the offence punishable under Sections 420, 467, 468, 471 & 120-B, 409/34 of IPC and Section 3/7 of the Essential Commodities Act.

2. As per the prosecution case, Seva Sahkari Samiti, Chhind, had purchased the paddy quantified at 44000 quintals. Subsequently preliminary enquiry was conducted wherein it was found that 34548 quintals of paddy were given to the different millers and rest of the paddy 10533.4 quintals paddy was not found. It is further allegation that the said Seva Sahkari Samiti Chhind had purchased inferior quality of 500 quintals and though they paid higher payment which was not meant for it. Thereafter, after the preliminary investigation the matter is being investigated.

3. Learned counsel for the applicant submits that almost all co- accused have been enlarged on bail and the charge sheet has been filed. He placed on record copies of the bail orders passed in M.Cr.C(A) No.229/2014, M.Cr.C.(A). No. 983/2014, M.Cr.C.A.No.909/2014, M.Cr.C.(A). 512/2014 and M.Cr.C.No.2879 of 2014 etc., and submits that similarly placed co-accused have been enlarged on bail. He therefore prays that this applicant may also be released on bail.

4. Per contra, learned State Counsel opposes the prayer for grant of bail. However, he does not dispute the fact that the co-accused have

been granted bail.

5. Having regard to the fact that similarly placed co-accused have been enlarged on bail which has not been disputed by the learned State Counsel; the charge sheet has already been filed and considering the fact that the applicant is in jail since 09.09.2015, this Court is inclined to release the applicant on bail.

6. Accordingly, this bail application is allowed and the 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 concerned trial Court . He is directed to appear before the said Court on each and every date given by the said Court.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao