High Court Of ChhattisgarhMCRC/6205/2017allowed

M. L. Saini v. State Of Chhattisgarh

2017-11-27Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6205 of 2017 • M. L. Saini S/o Chhatare Lal Saini, Aged About 61 Years Posted As Sub Engineer ( Office Of Sub Divisional Officer, Water Resources Department ( Construction ), Nagri, District Dhamtari ) Presently Posted As S. D. O., Water Resources Department Deobhog, District Gariyaband Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through The Incharge, Anti Corruption Bureau, Raipur Chhattisgarh.

---- Respondent For Applicant :

Shri Manoj Prasad, Advocate with Shri Santosh Bharat, Advocate For Respondent-State :

Shri Ashish Shukla, GA for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 27/11/2017

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 in connection with Crime No. 56/2009 registered at Police Station Anti Corruption Bureau, Raipur (CG) for the offence punishable under Sections 7, 13 (1) (e) and 13

(2) of the Prevention of Corruption Act, 1988.

2. As per the prosecution case, on a raid being conducted on 26.12.2009 and during investigation it was found that the applicant is in possession of more than 25% of the income he has received during that period, thereby the offence has been committed.

3. Learned counsel for the applicant submits that the the raid was conducted in the year 2009 and the charge-sheet has been filed in the year 2017 and

no further investigation is necessary and the trial may take time , therefore, the applicant may be released on bail.

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

5. Perused the case-diary, documents filed along with the application. Prmia facie, it shows that the raid was conducted in the year 2009 and the chargesheet has been filed in the year 2017, considering the same and the fact that the trial may take time, I am inclined to release the applicant on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum 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.

7. Certified copy today.

Sd/- Goutam Bhaduri Judge Ashu