High Court Of ChhattisgarhMCRC/8687/2021allowed

Yogesh Dewangan v. State Of Chhattisgarh

2021-12-16Hon'Ble Shri Justice Deepak Kumar Tiwari2 pages

MCRC No. 8687 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8687 of 2021 • Yogesh Dewangan S/o Shri Bhairav Prasad Dewangan Aged About 22 Years R/o Village- Sarangpal, Thana And Tehsil - Kanker, DistrictNorth Baster Kanker (C.G.), Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Police StationKanker, District- North Bastar Kanker(C.G.), Chhattisgarh ---- Respondent For Applicant :- Mr. Sunil Sahu, Advocate For Respondent-State :- Mr. Gurudev I. Sharan, G.A.

Hon'ble Shri Deepak Kumar Tiwari, J.

Order On Board 16/12/2021

1. The applicant has preferred this bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.112/2021 registered in Police Station Kanker, DisttNorth Baster Kanker C.G. for the offence punishable under Sections 406, 408, 34 of the I.P.C.

2. Case of the prosecution, in brief, is that complainant Rupendra Bais, owner of Rahul Servicing Agency, Hero Motor Cycle Showroom has lodged the written report against the Manager as well as the Cashier of the agency with the averment that they have taken the cash

MCRC No. 8687 of 2021 amount from the customers and the said amount has not been entered in daily cash book and thereby misappropriating a sum of Rs.2,32,813/-.

3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated. It is further submitted that co-accused, who is the Manager has been granted anticipatory bail, therefore, the present applicant may also be released on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. Considering the fact and circumstances of the case as also the age of the applicant; he is in jail since 21.6.2021; co-accused has been granted anticipatory bail and also for the fact that offences are triable by JMFC, this Court is inclined to release the applicant on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on executing a personal bond for a sum of Rs.5,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Certified copy as per rules.

SD/- (Deepak Kumar Tiwari) Judge Ayushi