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High Court Of ChhattisgarhMCRC/8863/2018allowed

Dharmendra Kumar v. State Of Chhattisgarh

2018-12-11Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8863 of 2018 Dharmendra Kumar S/o Chandrakant Prasad Aged About 33 Years R/o Village- Mirchak, Post And Tahsil- Mousama, Police Station- Varish Linganj, District- Nawada, Bihar., District : Nawada, Bihar. ---- Applicant

Versus

State Of Chhattisgarh Through Police Station- Gobra Nawapara, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh. --- Respondent For the Applicant :

Shri Sudeep Johri, Advocate For the State :

Shri Satish Gupta, G.A.

----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /12/2018

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.169/2018 registered at Police Station Gobra Nawapara, District Raipur (C.G.) for the offence punishable under Section 420, 467, 468 & 471 of IPC.

3. Case of the prosecution, in brief is that applicant, telling his name Ajit Singh, had obtained Rs.1,14,800/- for opening the Lok Seva Kendra at Village Pandripani. Thereafter he again obtained Rs.9,000/- for returning back the amount of Rs.1,14,800/-. 1 Laptop, 3 ATM Cards, 1 Adhar Card, 1 PAN Card some mobiles and cash of Rs.39,700/- seized from the possession of the applicant.

4. Learned counsel for the applicant submits that he has innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that one another criminal case under Section 420 of IPC has already been registered against the applicant.

6. Looking to the facts and circumstances of the case,looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if the applicant furnishes two solvent sureties for a sum of Rs. 25,000/- each along with one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that he will not involve himself in any of the crime in future, he shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde