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High Court Of ChhattisgarhMCRC/7615/2017allowed

Manoj Chandrakar v. State Of Chhattisgarh

2018-01-17Hon'Ble Shri Justice Rajendra Chandra Singh Samant3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7615 of 2017 Manoj Chandrakar S/o Girjanand Chandrakar, Aged About 43 Years R/o Kanhaiyapuri, Kasaridih, Durg, District Durg, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Kotwali, Durg, District Durg, Chhattisgarh.

---- Respondent For the Applicant :

Shri B.P. Singh, Advocate.

For the Respondent/State :

Shri Ashok Swarnakar, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

17.01.2018 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.748 of 2017, registered at Police Station - Kotwali, Durg, District - Durg, Chhattisgarh for the offence punishable under Sections 420, 467, 468, 471 and 406 of the Indian Penal Code.

2.

Learned counsel for the applicant submits that the applicant is in jail since 17.10.2017 has been falsely implicated in this case. After completion of investigation, the charge-sheet has been filed. The trial of the case is likely to take some time for its final disposal and the applicant is ready to abide by all the conditions that may be imposed on him. Hence, it is prayed

that the applicant be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.

Heard counsel for both the parties and perused the case diary. 5.

Complainant - Suraj Deshmukh and six others have filed a written complaint on 17.10.2017 alleging in it that the applicant had received a sum of Rs.14,50,000/- from all of them promising to arrange for their appointments in government service and thereafter, he could not arrange any appointment for any of the complainant. When the complainant and others started demanding the amount given by them, the applicant arranged fake appointment orders purportedly issued by the Commissioner of Municipal Corporation, Durg. On verification, the said appointment orders/ letters were found to be fake and forged, on the basis of which, the case has been registered against the applicant.

6.

Considering the submissions and the contents of the case diary, the case before the trial Court, the fact that trial of the case is likely to take considerable time and no purpose would be served by keeping the applicant in detention for the whole period of trial, this application deserves to be allowed.

7.

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

8.

It is directed that 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/- (Rajendra Chandra Singh Samant) Judge Nimmi