Abhishek Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7524 of 2016 Abhishek Sahu, S/o. Ashok Sahu, Aged About 23 Years, R/o. Ambedkar Nagar, Durg, Tahsil & District - Durg, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh, Through - Station House Officer, Police Station - Pulgaon, Outpost - Jewra - Sirsa, Durg, District Durg, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Sudhir Verma, Advocate For Respondent :

Mr. Anupam Dubey, Dy. Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 28.11.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.244/2016 registered at Police Station- Pulgaon, District Durg (C.G.) for the offence punishable under Section 408, 420, 467, 468, 471, 381, 120-B, 34 of Indian Penal Code.

2.

As per the prosecution case, a report was made by one P.B.Deshmukh, Director of Shankaracharya Technical Campus, Bhilai, that one Sagar Arun Rao Borikar who was working as Data Entry Operator had withdrawn an amount of Rs.95,82,275/- at different points of time and deposited the same in various accounts of his relatives and friends (total 50 persons) by 110 cheques and Rs.59,400/- was deposited in the account of the present applicant in two times.

3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated and the deposit was made by the other co-accused. He further submits that the similarly placed other coaccused has been enlarged on bail and in this case the charge sheet has been filed and no further investigation is necessary, therefore, the applicant may also be released 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 similarly placed co-accused has been enlarged on bail.

5.

Perused the case diary and the documents. Considering the facts and circumstances of the case and further considering the fact that the charge sheet has been filed and the similarly placed other coaccused has been enlarged on bail, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on his 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. Sd/- (Goutam Bhaduri) Judge Ashok