Gopal Mishra v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4925 of 2016 Gopal Mishra, S/o. Shiv Narayan Mishra, Aged About 31 Years, R/o. Shikshak Nagar, Kawardha, District Kabirdham, Chhattisgarh, Civil & Revenue District Kabirdham, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through the Station In-Charge, Police Station Kawardha, District Kabirdham, Chhattisgarh.

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

Mr. Sandeep Shrivastava, Advocate For Respondent :

Mr. Anupam Dubey, Dy. Govt. Advocate.

--------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 29.08.2016 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 in connection with Crime No.213/2016 registered at Police Station- Kawardha, Distt. Kabirdham (C.G.) for the offence punishable under Section 408 of Indian Penal Code. 2.

As per the prosecution case, a report was made on 23.06.2016 that the applicant who was working in Shriram City Finance Company has misappropriated Rs.2,88,427/- being working as Junior Accountant.

3.

Learned counsel appearing for the applicant would submit that the applicant has tendered his resignation and after his resignation, the false allegations have been leveled against him. He further submits that the charge sheet has been filed in this case and the applicant is in jail since 23.06.2016; therefore, he may be released on bail.

4.

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

5.

Perused the case diary and the documents. Considering the facts & circumstances of the case, nature of allegation leveled against the applicant and further considering the fact that the charge sheet has been filed and the applicant is in jail since 23.06.2016, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7.

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. Sd/- (Goutam Bhaduri) Judge Ashok