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High Court Of ChhattisgarhMCRC/6470/2017allowed

Mahesh Rangari v. State Of Chhattisgarh

2017-12-05Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6669 of 2017 Rajesh Jana alias Kumar Das, S/o. Ganeshchand Jana, Aged About 44 Years, R/o. Parts Kholi, Police Station Kharagpur Town, District West Medanipur, West Bengal.

---- Applicant

Versus

State Of Chhattisgarh, Through The District Magistrate, Police Station Mohan Nagar, District Durg, Chhattisgarh.

---- Respondent & MCRC No. 6470 of 2017 Mahesh Rangari, S/o. Suresh, Aged About 40 Years, R/o. Tatibandh, Behind Bharatmata School Kabir Nagar, Raipur, District Raipur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through The District Magistrate, Police Station Mohan Nagar, District Durg, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicants :

Mr. Ravi Kumar Bhagat, Advocate For Respondent :

Mr. Ashish Shukla, Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 05.12.2017 1.

Both are the first bail application 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.474/2016 & 474/2017 respectively registered at Police StationMohan Nagar, District Durg (C.G.) for the offence punishable under Section 420, 467, 468, 471 & 34 of Indian Penal Code. 2.

As per the prosecution case, in the year 2015, the applicants in connivance with the other co-accused have allured the

complainant Nisesh Kumar Singh to provide him job in the Railway and on different occasions asked for money thereby an amount of Rs.1,14,000/- was deposited in different accounts. 3.

Learned counsel for the applicants would submit that the complainant Nisesh Kumar Singh has been examined and he has not supported the case of the prosecution and no allegations have been attributed against the present applicants. He further submits that Hemant Shika has also been examined and he has not alleged anything against the applicants and the all the allegations have been attributed to Ajay Kumar; therefore, the applicants may be released on bail.

4.

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

5.

Perused the statement of Narendra Sahu, Hemant Shika & Nisesh Kumar Singh. Considering their statements, without any observation on merits, I am inclined to release the applicants on bail.

6.

Accordingly, both the bail applications filed under Section 439 of Cr.P.C. are 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