Rakesh Kotiya v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6616 of 2019 • Rakesh Kotiya S/o Lakhan Singh Kotiya Aged About 31 Years R/o Shivnagar Colony, Saipau, Police Station - Saipau, District Dhaulpur Rajasthan. Present Address - Flat No. 611, Block Pushajali Towar- C, Delhi Gate, Agra, P.S. - Haripawartan Agra, District Agra Uttar Pradesh.
---- Applicant
Versus
• State Of Chhattisgarh Through, Station House Officer, Police StationRamanujganj, District Balrampur-Ramanujganj Chhattisgarh. ---- Respondent For Applicant :
Ms. Indira Tripahti, Adv.
For Respondent :
Mr. Sameer Sharma, Dy. G.A.
Hon'ble Smt. Justice Rajani Dubey Order on Board 12/12/2019 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 68/2018 registered at Police Station - Ramanujganj, District BalrampurRamanujganj (C.G.) for the offence punishable under Section 420/34 of IPC and Section 10 of Chhattisgarh Nichhepako Ke Hito Ka Sanrakshan Adhiniyam.
• According to the prosecution story, present applicant along with the other co-accused collected money in the name of Excellent Green Forest India Ltd. Plant and Agriculture Product Bank and issued the bonds to the customers who have deposited the money and thereafter ran away after closing the aforesaid company. The complainant alleged that they have cheated him and taken a sum of Rs. 2,14,500/- Thereafter, the present
applicant has been arrested.
• Learned counsel appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the case. She further submits that applicant is in custody since 07.04.2019 and he is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court, therefore, he may be released on bail. • Per contra, learned counsel appearing on behalf of the State opposes the bail application.
• I have heard learned Counsel for the parties. • Considering the facts and circumstances of the case, nature and gravity of the case, and further considering the fact that applicant is in jail since 07.04.2019 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.
• Accordingly, the bail application is allowed. • It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 50,000/- with one surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed. Sd/- (Rajani Dubey) Judge Vijay Sahu