Gulshan v. The State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6368 of 2016 Gulshan S/o Ashwani Gupta Aged About 29 Years R/o Near Holicross School, Kawardha, Civil & Revenue District Kabirdham, Chhattisgarh.

---- Applicant

Versus

The State Of Chhattisgarh Through Police Station Kawardha, District Kabirdham, Chhattisgarh.

---- Respondent For applicant - Shri P.P. Sahu, Advocate.

For Respondent/State - Shri Anupam Dubey, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 18/10/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.963/2016 registered in Police Station Kawardha, District Kabirdham (C.G.) for offence punishable under sections 419 & 420 of Indian Penal Code.

2.

As per the prosecution case, on 19/03/2010 Lekhram Verma was alloted a shop by the Municipal Council, Kawardha and Rs.5,03,000/- was paid and rest of the amount of Rs.3,52,250/- was to be paid. Subsequently, Lekhram sold it to the applicant on 26/12/2011 and present applicant also failed to pay rest of the amount and sold it to Shamin Khan for Rs.5,50,000/-. Shamin Khan gave it to Raman Banjare and since amount was not paid Municipal Council got cancelled the allotment and got the shop vacated. It is alleged that at the time of transaction Lekhram has shown total sale consideration was paid to the Municipal Council. 3.

Learned counsel for the applicant submits that no offence is committed by the applicant. Admittedly the applicant has transferred the

possession of the shop to Shamin Khan over an agreement and it do not contain that entire sale consideration was paid. He submits that charge sheet has been filed, therefore the applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the case diary and the documents. Taking into nature of allegation and the evidence appears to be documentary in nature and also considering the fact that charge sheet has been filed, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri