Ajay Ikhar Ekhar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6519 of 2017 Ajay Ikhar (Ekhar) S/o Shri Ankush Ikhar ( Ekhar ) Aged About 24 Years R/o Surya Vihar, Supela Bhilai, P. S. Supela, District Durg Chhattisgarh --- Petitioner

Versus

State of Chhattisgarh through the Station House Office, Police Station Gurur District Durg Chhattisgarh --- Respondent For the applicant : Ms. Nirupama Bajpai, Advocate For the State : Mr. Neeraj Sharma, Dy. Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 01.11.2017

1. This is second 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. 589 of 2016 registered at P.S. Balod, Distt. Balod (C.G) for the offence punishable under Sections 420, 467, 468, 471, 120-B of IPC.

2. As per the prosecution case, a report was made by one Ku. Bheema Yadav that in order to provide job, the present applicant along-with one Ashish Soloman has received an amount of Rs.7,90,000/- from her. It was found that no service was ever provided to the complainant and a forged appointment letter was given as such on a report made, the investigation was carried out and charge sheet was filed.

3. Learned counsel for the applicant would submit that this is second bail application and the the first bail application was dismissed on 06.03.2017 with liberty to repeat the same after examination of the complainant. Now the complainant has been examined and she has not stated against this

applicant and all the allegations have been attributed to coaccused Ashish Soloman. It is further submitted that the memorandum/seizure witnesses have also not supported the case of prosecution, therefore, the applicant who is in jail since 08.11.2016 may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the statements of the complainant Ku. Bheema Yadav. It appears that no allegations have been attributed to the present applicant and the entire allegations have been attributed to accused Ashish Soloman

6. Considering the nature of such allegations, without any further observation on merits of the case and taking into the fact that the memorandum/seizure witnesses have not supported the case of prosecution, 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 his 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/Remand Court. He shall also appear before the trial Court as and when directed by the said Court.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o