Shailendra Baghel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6555 of 2019 • Shailendra Baghel S/o Shri Shivcharan Baghel Aged About 36 Years, R/o Camp-1, Brinda Nagar, Bhilai, Police Station Chhawani, District Durg, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : Station House Officer, Police Of Police Station, Civil Lines, Bilaspur, District Bilaspur, Chhattisgarh. ---- Respondent For Applicant : Ms. Arti Chanda, Adv.

For Respondent/State : Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 08.11.2019

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 351/2019 registered at Police Station Civil Lines, Bilaspur, District-Bilaspur (C.G.) for the offence punishable under Section 420 of the IPC.

2. The prosecution story, in brief is that, one complainant Kishan Singh Thakur lodged a report that he came into contact with the applicant and applicant persuaded him that he had relations with officers and politicians and could provide employment. During the statement of applicant, complainant agreed to give money for employment of his wife. Complainant deposited Rs. 50,000/- in the account of Somya Enterprises belonging to applicant, Thereafter, applicant did not return money nor provide employment to the complainant. Based on this offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is

innocent and has been falsely implicated in the crime in question. The applicant is in jail since 21.09.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the offence is triable by Judicial Magistrate First Class, the applicant is in jail since 21.09.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu