Virendra Yadav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5063 of 2016 Virendra Yadav S/o Chandrabali Yadav Aged About 30 Years R/o Kothpali, P.S. Balrampur, District Balrampur-Ramanujganj Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through S.H.O. Balrampur, District Balrampur Ramanujganj Chhattisgarh.

---- Respondent For applicant - Shri Sunil Tripathi, Advocate. For Respondent/State - Shri Sangarsh Pandey, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 2/11/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.20/2016 registered in Police Station Balrampur, District Balrampur-Ramanujganj (C.G.) for offence punishable under section 420, 34, 120-B of Indian Penal Code. 2.

As per the prosecution case, the applicant has obtained amount of Rs.2,85,000/- from the complainant Manoj Singh for getting employment in police department in the year 2014, however employment was not provided. Thereby, offence is committed.

3.

Learned counsel for the applicant submits that the applicant tried to settle the issue as false allegations have been made, however huge demand has been made and the complainant dispute notice have not turned up which would be evident from the order sheet dated 28/09/2016 and 7/10/2016 and makes a submission at bar that on 21/10/2016 despite service of bailable warrant complainant did not appear, therefore the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail,

however he is not able to dispute the fact that complainant has not appeared despite service of summons.

5.

Perused the order sheet dated 28/09/2016 and 7/10/2016 which shows that complainant though have been served however not appeared. Believing the submission made at bar by learned counsel for the applicant that the complainant has not appeared on 21/10/2016 and also taking into facts of the case, complainant has despite service has failed to appear, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri