Roop Narayan Verma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5213 Of 2017 Kishore Kumar Sonwani, S/o. Shriram Sonwani, Aged About 55 Years, R/o. Village Jhalap, Police Station Patewa, Tehsil Mahasamund, District Mahasamund (Chhattisgarh).

---- Applicant

Versus

State Of Chhattisgarh, Through Police Station Baghbehra, District Mahasamund (Chhattisgarh).

---- Respondent And MCRC No. 6250 Of 2017 Ishwar Singh Thakur, S/o. Late Shri Jasal Singh Thakur, Aged About 55 Years, R/o. Ward No.3, Dhanga Dipra (Thana Para) Police Station Bagbehra, District Mahasamund, Chhattisgarh.

---- Applicant Vs State Of Chhattisgarh, Through Police Station- Bagbehra, District Mahasamund, Chhattisgarh.

---- Respondent And MCRC No. 7011 Of 2017 Kaushal Dhruw, S/o. Late Madan Dhruw, Aged About 35 Years, Occupation- Government Service, At Present Resident Of Bagbahra, Police Station Bagbahra, Tahsil & District Mahasamund Chhattisgarh. Permanent Resident Of Village Joratarai, Police Station Patewa, Tahsil & District Mahasamund, Chhattisgarh.

---- Applicant Vs State Of Chhattisgarh, Through Station House Officer, Police Station Bagbahra, District Mahasamund, Chhattisgarh.

---- Respondent And MCRC No. 6796 Of 2017 Roop Narayan Verma, S/o. Late Ghanshyam Verma, Aged About 55 Years, R/o. Clubpara, Mahasamund, Police Station Mahasamund, District Mahasamund, Chhattisgarh.

---- Applicant Vs State Of Chhattisgarh, Through Police Station Bagbehra, District Mahasamund, Chhattisgarh.

---- Respondent And

MCRC No. 6955 Of 2017 Nathuram, S/o. Bhauram Mahanand, Aged About 35 Years, R/o. Ghotiyapani, Police Station Bagbahara, District Mahasamund, Chhattisgarh.

---- Applicant Vs State Of Chhattisgarh, Through Police Station House Officer, Police Station Bagbahara, District Mahasamund, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicants :

Mr. Manoj Paranjpe, Mr. Vikash Pradhan & Ms. Neha Verma, Advocates For Respondent :

Mr. Anupam Dubey, Dy. Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 07.12.2017 1.

These 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.147/2016 registered at Police Station- Baghbehra, District Mahasamund (C.G.) for the offence punishable under Section 420, 467, 468 & 471 of I.P.C. in MCRC Nos.5213, 6250, 6796 & 6955 of 2017 and for the offence under Section 420, 409, 467, 468 & 34 of I.P.C. in MCRC No.7011 of 2017.

2.

As per the prosecution case, the applicants who were the employees of Jila Panchayat in collusion with the beneficiaries have given benefit of Indira Awas Yojna by opening the fake accounts in the name of beneficiaries though they were not entitled to get the same; thereby total Rs.2,50,000/- was withdrawn by the beneficiaries with the collusion with the present applicants.

3.

Learned counsel for the applicants would submit that the charge sheet has been filed, applicants are in jail since 18.07.2017, 18.07.2017, 10.10.2017, 07.10.2017 & 17.07.2017 respectively and the co-ordinate Bench of this Court has given the benefit of bail to one of the co-accused namely Yashwant Kumar Bibhar in MCRC No.5295 of 2017 on 23.11.2017 and the case of the present applicants are similar to that case, therefore, the present applicants may also be released on bail.

4.

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

5.

Considering the facts & circumstances of the case, nature of allegation and the fact that charge sheet has been filed and similarly placed co-accused has already been enlarged on bail by the co-ordinate Bench of this Court, I am inclined to release the applicants on bail.

6.

Accordingly, all 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