Rameshwer Deshmukh And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7693 of 2016

1. Rameshwer Deshmukh . S/o Ajab Singh Deshmukh Aged About 24 Years R/o Purani Basti Gandhi Chowk, Supela Bhilai District Durg.Chhattisgarh.

2. Harpreet Singh S/o Surendra Singh Aged About 28 Years R/o 85, S.T.F. Colony, Baghera Police Station Pulgaon District Durg, Chhattisgarh.

3. Santosh Kumar Shrivastav S/o Shivlal Aged About 35 Years R/o Tata Line, Camp-1, Bhilai Quarter No. 13, Near New Basant Theater, Police Station Chhawani, Bhilai District Durg, Chhattisgarh. ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House Officer, Pulgaon Thana, District Durg, Chhattisgarh.

---- Respondent -------------------------------------------------------------------------------------------------------- For Applicant :

Mr. Chandra Bhushan, Advocate For Respondent/State :

Mr. Anupam Dubey, Dy. Govt. Advocate --------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 30-11-2016

1. This is 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 on 25-6-2016 in connection with Crime No. 244 of 2016, registered at Police Station Pulgaon, District Durg (CG) for the offence punishable under Sections 420, 467, 468, 471, 408, 381, 120-B/34 of the IPC.

2. As per prosecution case, a report was made by P.B. Deshnukh, Director of Shankaracharya Technical Campus, Bhilai that one Sagar Barker who was working as an Accountant and Data Entry Operator has withdrawn an amount of Rs.95,82,275/- at different points of time and deposited the same in different accounts of his relatives and friends (total 110 persons) and withdrew the same withs their help and thereby the aforesaid offence was committed.

3. Learned counsel appearing for the applicants would submit that in the account of Rameshwar Deshmukh Rs.1,18,800/-, in the account of Harpeet Singh Rs.1,18,800/- and in the account of Santosh Kumar Rs.1,23,183/- were deposited and the applicants were not aware of the fact that the amount was deposited in their accounts by the other co-accused persons. He would further submit that case of the present applicants is similar to that of other co-accused who has been bail vide order dated 28-9-2016 passed by this Court in M.Cr.C.No. 5898 of 2016, therefore, the applicants may also be released on bail on the ground of parity.

4. Per contra, learned State counsel opposes the prayer for grant of bail, however, he does not dispute the fact that the case of the applicants is similar to that of other co-accused who has been granted bail by this Court.

5. I have heard learned counsel for the parties and have also perused the case diary and the documents.

6. Taking into consideration the facts and circumstances of the case, nature of allegation leveled against the applicants and considering the fact that charge-sheet has been filed, the applicants are in jail since 25-6-2016 and further considering the fact that similarly placed other co-accused has been granted bail, I am inclined to release the applicants on bail.

7. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance as and when directed.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju