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High Court Of ChhattisgarhMCRC/6042/2019allowed

Pintu @ Pretam Thakur v. State Of Chhattisgarh

2019-09-27Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.6042 of 2019 Pintu @ Pretam Thakur, S/o Sankata Thakur, aged about 27 years, R/o Maa Bhawani Chowk, Kumharpara, Jagdalpur, District Bastar (C.G.) ---- Applicant (In Jail)

Versus

State of Chhattisgarh, Through Station House Officer, Police Station Bodhghat, District Bastar (C.G.) ---- Non-applicant For Applicant:

Mr. Dharmesh Shrivastava, Advocate.

For Non-applicant/State:Mr. Mateen Siddiqui, Deputy Advocate General. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 27/09/2019

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.360/2014, registered at Police Station Bodhghat, District Bastar, for the offence punishable under Sections 467, 468, 471, 472, 419, 420, 409, 119, 182, 211, 120B read with Section 34 of the IPC.

2. This is the fourth bail application filed on behalf of the applicant for grant of regular bail.

3. Case of the prosecution, in brief, is that the applicant along with other co-accused by forged documents and bills, withdrawn Rs.1,38,86,538/- and thereby committed the offence.

4. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in the case, he was only the employee of co-accused Pankaj Kela who had

complete control over the entire amount and the transaction in question. The applicant has no role to play in the offence in question. The applicant is in jail since 3-7-2015. Charge-sheet has been filed and no custodial interrogation of the applicant is required. Learned counsel would further submit that the Supreme Court on 9-8-2019 has granted liberty to the applicant to approach the High Court and to consider his bail application unfettered by the previous order.

5. On the other hand, learned State counsel would oppose the application.

6. I have heard learned counsel for the parties and perused the case diary.

7. Taking into consideration the nature and gravity of offence, facts and circumstances of the case and particularly, taking into consideration the fact that the applicant is in jail since 3-7-2015 and has completed more than three years in jail, I am of the view that it is a fit case to enlarge the applicant on regular bail. Accordingly, the application is allowed.

8. It is, therefore, directed that the applicant 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 Court for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) Judge Soma