Anand Ram Khobragade v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7692 of 2016 • Anand Ram Khobragade S/o Shri Ghasiyaram Khobragade Aged About 47 Years R/o Village- Ghorda, Police Station- Lalbagh, District- Rajnandgaon, Chhattisgarh ---- Petitioner

Versus

• State of Chhattisgarh Through- Police Station- Khamtarai, Raipur, District- Raipur, Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Mr. Sudeep Verma, Advocate For Respondent/State :

Mr. Sangarsh Pandey, Dy.G.A.

-------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 10-01-2017 1.

This is second bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 20-06-2015 in connection with Crime No. 232 of 2015, registered at Police Station Khamtarai, District Raipur (CG) for the offence punishable under Sections 420, 467, 468, 471 & 120 (B) of the IPC. Earlier first bail application was dismissed on merits on 21-1-2016.

2.

Case of the prosecution, in brief, is that co-accused Rajendra Gupta along with his wife and brother cheated complainant Yogesh Sharma by assuring that he will secure appointment as he has very good rapport with officials. It is alleged that on such fraudulent misrepresentation , the complainant gave Rs.9 lakhs for arranging employment for Tarun Sharma, Mukesh Sharma and Pawan Sharma. Forged appointment letters were also given. Thereafter, report was lodged in Police Station. The allegation against the

applicant is that he is also associate who was introduced as railway official.

3.

Learned counsel appearing for the applicant would submit that he is pressing the instant bail application on humanitarian ground as the daughter of the applicant namely Ku. Neelam Khobragarhe who was residing with her mother Kanak Khobragarhe, wife of the present applicant died on 10-9-2016 and nobody is there to look the daughter of the applicant properly, therefore, he may be released on bail.

4.

State counsel was directed to verify as to whether wife of the applicant has died and where the daughter of the applicant is living. On verification, it is stated that wife of the applicant has died and daughter of the applicant is living with her maternal uncle (Mama). 5.

I have heard learned counsel for the parties, perused the case diary, documents and verification report.

6.

Considering the aforesaid aspect of the matter and further considering the verification report, I am inclined to release the applicant on bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and 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. Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju