High Court Of ChhattisgarhMCRC/6757/2019allowed

Kundan Nagpure & ANR. v. State Of Chhattisgarh

2019-12-09Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6757 of 2019 • Kundan Nagpure & Anr. S/o Premchand Nagpure Aged About 33 Years R/o Village Chikhla, Tahsil Kirnapur, Police Station Hatta, District Balaghat, Madhya Pradesh.

• Ravindra Gautam S/o Sitaram Aged About 31 Years R/o Devri, Police Station Hatta, District Balaghat, Madhya Pradesh. ---- Applicants

Versus

• State Of Chhattisgarh Through The Station House Officer Police Station Khallari, District Mahasamund, Chhattisgarh., ---- Respondent For Applicants : Shri Sandeep Shrivastava, Advocate For Respondent/State : Ms.Akshara Amit, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 09/12/2019 The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No. 169/2019 registered at police station Khallari, district Mahasamund (CG) for the offence punishable under Sections 170,420,34 IPC.

Case of the prosecution in brief is that a report was lodged by the complainant alleging that on 12.09.19, the applicants came to his shop falsely pretending themselves to be agricultural officers and asked him to show the license and stock register and thereafter fraudulently recovered Rs. 5,000/- from him.

Counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. He submits that the applicants are in jail since 14.09.2019; the charge sheet has already been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion. On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicants, I am inclined to release them on regular bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicants' furnishing a personal bond in the sum of Rs. 1,00,000/- each with one surety for the like sum to the satisfaction of the concerned Court, they shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna