Prakash Kumar Anant v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 970 of 2017 • Prakash Kumar Anant S/o Horilal Aged About 36 Years R/o Village Khira, Police Station Seepat, Civil & Revenue District Bilaspur, Chhattisgarh. --- Applicant
Versus
• State of Chhattisgarh through Police Station Urga, District Korba, Chhattisgarh. --- Respondent For the applicant :
Mr. Arun Kochar, Advocate For the State :
Mr. Anupam Dubey, Dy.Govt. Advocate.
Hon'ble Shri Justice Goutam Bhaduri Order on Board 30.03.2017
1. This is third bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 355 of 2015 registered at Police Station Urga, Distt. Korba (C.G) for the offence punishable under Sections 420, 34, 468, 471, 120-B, 460 & 201 of IPC.
2. The first bail application was dismissed on 15.06.2016 on merits and the second one was dismissed on 04.01.2017 for want of prosecution.
3. As per the prosecution case, the applicant in connivance with coaccused Vinod Khande and Kapil issued different appointment letters for the post of Data Entry operator and against this applicant, the allegation are that he typed such appointment letters and those appointment letters were issued after obtaining amounts from different persons.
4. Learned counsel for the applicant would submit that in this case Chand Ram Sonwani is the complainant from whom an amount of Rs.4,50,000/- is alleged to have been received by the present applicant and other accused and the said complainant had entered into agreement with co-accused Promod Kumar Khande through his
father Parasram and payment of Rs.20,000/- was made and for the rest of amount, a sale deed was promised to be executed in favour of the complainant. He further submits that co-accused Pramod Kumar Khande has been enlarged on bail by this Court in M.Cr.C.No. 4073 of 2016 on 06.09.2016 and the case of the applicant is similar to that of Pramod Kumar Khande, therefore, he may be enlarged on bail.
5. Learned State Counsel submits that as per the case diary, only one complainant remains and the case diary contains one statement of complainant who is Chand Ram Sonwani. Learned State Counsel do not dispute the fact that co-accused Pramod Kumar Khande whose case is akin to the present applicant has been enlarged on bail by this Court.
6. On perusal of statement of Chand Ram Sonwani, it appears that the case of the present applicant is similar to that of other accused Pramod Kumar Khande. Considering such facts and circumstances of the case and the submissions made by learned counsel for the parties, I am inclined to allow this bail application.
7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court till disposal of the trial. C.c.
as per rules.
Sd/- GOUTAM BHADURI JUDGE R a o