Alok Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4979 of 2016 • Alok Verma S/O Ravishankar Verma Aged About 30 Years R/O Village Nardaha, P.S. Vidhan Sabha, District Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through P.S. Vidhan Sabha, District Raipur, Chhattisgarh.

---- Respondent ------------------------------------------------------------------------------------------------- For Applicant :

Mr. Devershi Thakur, Advocate For Respondent/State :

Mr. Neeraj Jain, Govt. Advocate -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 30-08-2016 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 on 30-4-2016 in connection with Crime No. 162 of 2014, registered at Police Station Vidhan Sabha, District Raipur (CG) for the offence punishable under Sections 420, 467, 468, 471, 409 of IPC and Section 3 & 7 of the Essential Commodities Act.

2. As per prosecution case, during the period between 1-9-2014 to 49-2014 the applicant who was running retail shop committed wrongful distribution of food-grains i.e., 10 kg rice and 35 kgs sugar and distributed the same to over and above limit of ration card holders and thereby the aforesaid offence was committed.

3. Learned counsel appearing for the applicant would submit that earlier the applicant was arrested and was released on bail. Subsequently, he has been again arrested. He would further submit that the applicant has been falsely implicated, charge-sheet has been filed in this case, he is in jail since 30-04-2016 and no

further investigation is required, therefore, the applicant may be released on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

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

6. Taking into consideration the facts and circumstances of the case, nature of allegation leveled against the applicant and further considering the fact that charge-sheet has been filed and the applicant is in jail since 30-04-2016, I am inclined to release the applicant on bail.

7. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the 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/- (Goutam Bhaduri) Judge Raju