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High Court Of ChhattisgarhMCRC/5898/2016allowed

Chitranand v. State Of Chhattisgarh

2016-09-28Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5898 of 2016 • Chitranand S/O Ramesh Kumar Dewangan Aged About 26 Years R/O Sikolabhatha, Durg Police Station Mohan Nagar, District- Durg, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Pulgaon/ District Magistrate Durg, District- Durg, Chhattisgarh. ---- Respondent ------------------------------------------------------------------------------------------------------------- For Applicant :

Mr. Satish Chandra Verma, Advocate For Respondent/State :

Mr. Anil S. Pandey, Govt. Advocate.

------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Goutam Bhaduri Order on Board 28-09-2016 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 on 11-6-2016 in connection with Crime No. 244 of 2016, registered at Police Station Pulgaon, District Durg (CG) for the offence punishable under Sections 408, 420, 467, 468, 471/34, 381 and 120-B of the IPC. 2.

Case of the prosecution, in brief, is that on a report was made by P.B. Deshmukh, Director of Shankaracharya Technical Campus, Bhilai that one Sagar Borker who was working as an Accountant and Data Entry Operator had withdrawn an amount of Rs.95,82,275/- at different points of time and deposited the same in different accounts of his relatives and friends (total 110 persons) and withdrew the same with their help and thereby the aforesaid offence was committed.

3.

Learned counsel appearing for the applicant would submit that in the account of the applicant Rs.59,400/- was deposited twice i.e., on 3-8-2015

and 7-3-2016 and the applicant was not a party to the conspiracy and the main allegations have been attributed to Sagar Borker. He would further submit that charge-sheet has been filed in this case, the applicant is in jail since 11-6-2016 and no further investigation is required, therefore, he may be released on bail.

4.

On the other hand, learned State counsel opposes the prayer for grant of bail.

5.

I have heard learned counsel for the parties, perused the case diary and other documents.

6.

Perused the memorandum statement of the present applicant and also the memoradum statement of Sagar Borker] wherein main allegations have bee attributed to Sagar Borker and it is stated that present applicant received an amount of Rs.50,000/- total after such deposits. 7.

Taking into consideration the facts and circumstances of the case and further considering the nature of allegations leveled against the applicant and also the fact that charge-sheet in this case has been filed and the applicant is in jail since 11-6-2016, this court is inclined to release the applicant on bail.

8.

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

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju