Rajendra Kumar Sen v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6646 of 2019 • Rajendra Kumar Sen S/o Shri Harprasad Sen Aged About 37 Years R/o Flat No. 103, Vinayak Parisar Gurmohar Colony, G 3, Bhopal Police Sation Sahpura, District Bhopal Madhya Pradesh. ---- Appellant

Versus

• State Of Chhattisgarh Through Police Station Kharsiya, District Raigarh Chhattisgarh.

---- Respondent For Applicant :

Mr. Sanjay Agrawal, Advocate.

For State :

Mr. Sameer Sharma, Dy.G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 06/12/2019 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing his on regular bail during trial in connection with Crime No. 198/2018 registered at Police Station - Kharsia District Raigarh (C.G.) for the offence punishable under Sections 420, 468, 471 & 472 of IPC.

• The prosecution story in brief is that, on 05.08.2018, complainant Vikas Agrawal lodged a complaint alleging that the applicant had promised him that he will get him work order for the supply of plants, seeds etc from Raipur and for that, applicant obtained Rs. 22,80,000/- from the complainant. Applicant has promised that he will pay the bill to the complainant but he did not pay the bill. On the basis of above facts, offence has been registered against the applicant and he has been arrested.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He

further submits that the applicant is in jail since 27.07.2019, and he is ready to furnish adequate surety and shall abide by all the directions and conditions which may imposed by this Court, therefore, the present applicant may be released on bail.

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

• I have heard learned counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicant, and further considering the fact that the offence is triable by Judicial Magistrate First Class 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. • Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 1,00,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge Vijay Sahu