Purnendra Dewangan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6694 of 2019 • Purnendra Dewangan S/o Shambhucharan Dewangan Aged About 40 Years, R/o Rampur Kasdol P.S. - Kasdol District - Balodabazar Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : S.H.O. Basantpur District - Rajnandgaon Chhattisgarh.

---- Respondent For Applicant :

Mr. Basant Dewangan, Adv.

For Respondent/State :

Mr. Anil Tripathi, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 09/12/2019

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. 404/2017 registered at Police Station-Basantpur, District-Rajnandgaon (C.G.) for the offence punishable under Section 420/34 of the IPC and Section 10 of Chhattisgarh Protection of Depositors Interest Act 2005.

2. The prosecution story, in brief is a report was lodged by the complainant that the applicant along with other co-accused persons created a company by the name of Subh Sai Devcon Company. Allegedly they were fabricated a scheme and allured the investors to fund their capital and their fund will be doubled within the time span of five years. Before completion of said period, they fled away after closing their office. 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. He further submits that the the other co-accused has already been granted bail in MCRC No. 4215/2019 so, the applicant may also be granted benefit of bail. The applicant is in jail since 27.02.2018, 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, detention period of applicant and further considering the facts that the other co-accused has already been granted bail and the present applicant is in jail since 27.02.2018 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. 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 trial Court on each and every date given to him by the said Court.

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