Shivnarayan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4352 of 2017 Shivnarayan S/o Late Shri Dular Ram Sahu Aged About 38 Years R/o Village Aamdi, Police Station Arjuni, Tahsil Civil & Revenue District Dhamtari Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Arjuni District Dhamtari Chhattisgarh ---- Respondent For applicant - Shri Adil Minhaj, Advocate.

For Respondent/State -Shri Anupam Dubey, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 23/11/2017 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.109/2017 registered in Police Station Arjuni, District Dhamtari (C.G.) for offence punishable under section 420 of Indian Penal Code.

2.

Case of the prosecution, in brief, is that on 15/06/2016 the applicant received an amount of Rs.2.50 lakhs from one Murari Lal to provide job to him and likewise he obtained different amount total amount of Rs.9,70,000/- from the different villagers to provide job in mantralaya. Subsequently, when job was not provided report was made on 27/04/2017.

3.

Learned counsel for the applicant submits that only on the bald oral statement, allegations have been attributed and there is no evidence to the fact that applicant has received any amount, therefore the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Case diary contains Ikrarnama wherein it shows that from Punnilal

amount was received by the applicant to provide him job. Considering the same, this court is not inclined to allow this bail application and it is dismissed.

6.

However, taking into medical certificate of the applicant, he is said to be suffering with kidney stone which is also affirmed by the State counsel. It is stated that the applicant needs to be operated. 7.

In view of this, considering the medical condition of the applicant and since he is advised for operation, I am inclined to release him on bail for a period of 45 days. It is directed the applicant shall be released on bail for a period of 45 days from the date of his release on his executing a personal bond for a sum Rs.25,000/- with one surety for the like sum to the satisfaction of the trial Court. He shall surrender before the trial court immediately after completion of 45 days.

Sd/- (Goutam Bhaduri) JUDGE gouri