Laxminarayan Verma And ORS. v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7747 of 2016
1. Laxminarayan Verma, S/o. Kripa Ram Verma, Aged About 35 Years.
2. Madhav Verma, S/o. Shiv Ram Verma, Aged About 35 Years.
3. Amrit Verma, S/o. Maan Singh Verma, Aged About 19 Years. All R/o. Chandkhuri Farm, (Mungeshar), Tahsil- Arang, Police Station- Mandirhasoud, District- Raipur, Chhattisgarh ---- Applicants
Versus
State Of Chhattisgarh, Through: Police Station- Patewa, DistrictMahasamund, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant s :
Mr. Devershi Thakur, Advocate For Respondent :
Mr. Anil S. Pandey, Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 08/12/2016 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 in connection with Crime No.192/2016 registered at Police Station- Patewa, District Mahasamund (C.G.) for the offence punishable under Section 420/34 of Indian Penal Code.
2.
Case of the prosecution, in brief, is that Premlal had made a report that the applicants came to the complainant and allured that they will double the money. Consequently, an amount of Rs.20,000/- was given and in lieu thereof Rs.40,000/- was given back. Subsequently, it was found that out of Rs.40,000/-, Rs.15,000/-
were in the original and others were paper cutting. Thereby, the offence has been committed.
3.
Learned counsel for the applicants would submit that the applicants have been falsely implicated and in-fact the complainant himself is involved in this case and when the raid was conducted at that time the applicants were arrested. He further submits that the charge sheet has been filed and no further investigation is necessary, therefore, the applicants may be released on bail.
4.
Per contra, learned State counsel opposes the prayer for grant of bail.
5.
Perused the case diary, documents and the statement of the complainant. Taking into the facts and circumstances of the case and the nature of allegation, I am inclined to release the applicants on bail.
6.
Accordingly, the bail application filed under Section 439 of Cr.P.C. is 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 in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok