Chandrashekhar Khare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6906 of 2018 Chandrashekhar Khare S/o Shri Genesh Ram Khare Aged About 30 Years R/o Pamgarh, Police Station Pamgarh, District Janjgir-Champa, CG ---- Applicant

Versus

State of Chhattisgarh through Station House Officer, P.S. - Malkharoda, District Janjgir-Champa, CG ---- Respondent For applicant Mr. V.C. Ottalwar, Adv.

For Respondent/State Mr. Satish Gupta, GA.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 24-101. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.

2. The applicant has been arrested in connection with Crime No. 216/2017 registered in police station Malkharoda, Distt. Janjgir Champa (CG) for offence punishable under Section 420 of the IPC.

3. Prosecution story in brief is that the applicant had worked as Senior Research Fellow at Krishi Vigyan Kendra, Dantewada from 3-12-2012 to 8-9-2014. He also worked as Krishi Vistar Adhikari, Malkharoda from 7-12-2012 to 19-12-2013. He drew salary from both two offices at the same time.

4. Counsel for the applicant argued that the applicant is innocent and falsely implicated hence he be released on bail.

5. On the other hand, the State counsel opposed the bail application. However, he submits that no criminal antecedent of the applicant is reported in the police case diary.

6. Looking to the above facts and circumstances of the case, looking to the facts that there is no likelihood of the accused to abscond and tamper the evidence, trial will take its own time, this Court is inclined to give benefit of Section 439 of the Cr.P.C. to the applicant. Consequently, the application is allowed. It is ordered that if the applicant furnishes two solvent sureties for a sum of Rs. 25,000/- each

along with one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that he will appear before the concerned trial Court at 11 AM as and when directed till trial and will not commit any offence in future, he be released on bail.

7. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak