Ashok Singh Jagat And ANR. v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6481 of 2016
1. Ashok Singh Jagat, S/o. Hirasingh, Aged About 35 Years, R/o. Village Madanpur, Tahsil Pali, District Korba, Chhattisgarh.
2. Ratan Singh Raj, S/o. Late Kaval Singh, Aged About 62 Years, R/o. Village Semhar Kachhar, Tahsil & Police Station Pali, District Korba, Chhattisgarh ---- Applicants
Versus
State Of Chhattisgarh, Through Station House Officer, Out Post Pachrapodi, Police Station Khadganwa, District Koriya, Chhattisgarh.
---- Respondent --------------------------------------------------------------------------------------------------- For Applicants :
Mr. Y.C.Sharma, Advocate For Respondent :
Mr. Anupam Dubey, Dy. Govt. Advocate.
MCRC No. 6890 of 2016 Mohd. Usama @ Osama Khan, S/o. Gulam Hussain, Aged About 36 Years, R/o. Ring Road No.2, In Front Of Mahima Vihar, Panna Nagar Bilaspur, District Bilaspur, Chhattisgarh ---- Applicant
Versus
State Of Chhattisgarh, Through Station House Officer Khadgawan, District Korea, Chhattisgarh.
---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :
Mr. Shakti Raj Sinha, Advocate For Respondent :
Mr. Anupam Dubey, Dy. Govt. Advocate.
--------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 03.11.2016 1.
Both are the first bail applications filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No.68/2016 registered at Police Station- Khadgawan, Korea (C.G.) for the offence punishable under Section 420, 467, 468/ 34 of Indian Penal Code.
2.
As per the prosecution case, the applicants Ashok Singh Jagat who was Vice President, Ratan Singh Raj, who was Member and Mohd. Usama @ Osama Khan, who was Secretary have floated the NGO named as Kanya Kalyan Welfare Society by making a promise that Rs.1500/- would be paid at the time of education of the girl and Rs. 50,000/- paid at the time of marriage and thereby they collected Rs.520/- by way of registration and as per the FIR 5 to 6 girls took the registration but did not return the same. 3.
Learned counsel for the applicants would submit that the applicants have been falsely implicated in this case and mainly it has been one Rajesh who is Accountant had fled away with the entire amount, thereby the offence is alleged to have been cropped up. It is further submitted that the charge sheet in this case has been filed and other accused persons who have been inculpated in the similar nature of offence have been enlarged on bail by the coordinate Bench of this Court in M.Cr.C. No.1046 of 2016 on 28.03.2016, therefore, the present applicants may also be enlarged on bail.
4.
Per contra, learned State counsel opposes the prayer for grant of bail, however, he is not able to dispute the fact that the other similarly placed accused persons have been enlarged on bail by the coordinate Bench.
5.
Perused the case diary and the documents. Considering the facts & circumstances of the case, nature & gravity of offence and further considering the fact that the charge sheet has been filed and the other similarly placed accused persons have been enlarged on bail by the coordinate Bench, I am inclined to release the applicants on bail.
6.
Accordingly, both the bail applications filed under Section 439 of Cr.P.C. is allowed.
7.
It is directed that the applicants shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.
Sd/- (Goutam Bhaduri) Judge Ashok