Rajesh Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7120 of 2018 Rajesh Verma S/o Sadayi Verma Aged About 30 Years R/o 20/b, Sodpur Bricks Field Haridevpur, Kolkata, West- Bengal., District : Kolkata, West Bengal .

---- Applicant

Versus

State Of Chhattisgarh Through The District Magistrate, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh . ---- Respondent For the Applicant :

Shri Goutam Khetrapal, Advocate For the State :

Shri Neeraj Sharma, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /10/2018

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the counsel for the State in connection with the Crime No.733/2017 registered at Police Station Supela, District Durg (C.G.) for the offence punishable under Sections 420/34 of IPC.

3. Case of the prosecution, in brief is that on 17/04/2017 one unknown person made the call on the mobile of complainant Smt. Santoshi Singh. Caller told her that she won prize in lucky draw. As per the advise of the caller she deposited at Rs.8,500/- in the applicant's account. Thereafter she again received another call and deposited Rs.19,200/- in the account of co-accused Tokan Dhali.

4. Learned counsel for the applicant submits that he is innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, learned counsel for the State opposes the bail application. He further submits that there is no antecedents against the

applicant.

6. Looking to the above mentioned facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, the trial will take its own time, this Court is inclined to give the benefit of Section 439 of the Cr.P.C. to the present applicant.

7. Consequently, the bail application filed under Section 439 of the Cr.P.C., is allowed. It is ordered that if the applicant furnishes two solvent sureties for a sum of Rs. 25,000/- along with one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that applicant will not involve himself in any of the crime in future, he be released on bail.

8. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde