High Court Of ChhattisgarhMCRC/5624/2015allowed

Nitish Kumar v. State Of Chhattisgarh

2015-10-27Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5624 of 2015 • Nitish Kumar, son of Janeshwar Rai, aged about 21 years, occupation Placement, Resident of Village Badki Akodi, P.S. Krahgar, District Sasaram, Rohtas (Bihar) --- Applicant

Versus

• State of Chhattisgarh through District Magistrate, Durg (Chhattisgarh).

--- Non-applicant For the applicant :

Mr. Avinash Chand Sahu, Advocate For the Respondent :

Mr. O.P. Sahu, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 27.10.2015

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. 449 of 2015 registered at P.S. Chhawni, District Durg (C.G) for the offence punishable under Sections 420 & 34 of IPC.

2. As per the prosecution story, Mr. Santu Verma has lodged a written complaint before the Police station Chhawni that some persons have published an advertisement to provide job in HDFC Bank and pursuant thereto complainant submitted his documents and also deposited Rs.2250/- and the receipt was also issued to the complainant.

3. Learned counsel for the applicant submits that the allegation against the present applicant is that he was accompanying the other co-accused. He further submits that the applicant was working in a placement agency and no fraud was committed as on the next date, the report was made. He further submits that the applicant is in jail since 11.08.2015 and the charge sheet has been filed. He therefore prays for releasing the applicant on regular bail.

4. On the other hand, learned State Counsel opposes the bail

application.

5. Having considered the fact that the charge sheet has been filed and since the evidence collected in this case is in the nature of documentary evidence and considering the detention of the applicant as also looking to the nature of allegations , I am inclined to enlarge the applicant on regular bail.

6. Accordingly the application is allowed and 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