Amit Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8834 of 2018 • Amit Kumar S/o Shashikant Mishra Aged About 29 Years R/o Sanapur, Police Station Singbada, District Darbhanga Bihar At Present Address Street No. 10, A-2, Block North Delhi, District : North *, Delhi ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Amanaka, Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Non-applicant MCRC No. 8878 of 2018 • Ganga Prasad Gupta S/o Shri Achhelal Gupta Aged About 42 Years R/o Birchhi Colony, Saraswati Nagar, Railway Station Kota, Raipur Tahsil And District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Aamannaka, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Non-applicant MCRC No. 9333 of 2018 1.

Rajkumar Mourya S/o Pappu Mourya Aged About 26 Years R/o Gali No. 2, Sangam Vihar, Jharoda, Buradi, Uttari Delhi, District : North *, Delhi 2.

Vimlesh Kumar S/o Arvind Kumar Aged About 28 Years R/o Narayanpur, District Shivhar Bihar, District : Sheohar *, Bihar 3.

Dharemendra Kumar S/o Shivraj Aged About 23 Years R/o Raipura Fajlika Punjab, Punjab ---- Applicants

Versus

• State Of Chhattisgarh Through The Police Station Amanaka Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Non-applicant For Applicants : Shri C.R. Sahu and Shri V. A. Goverdhan, Advocates. For Non-applicant : Shri Satish Gupta, Govt. Advocate

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 12.12.2018

1. Since these petitions arise from same crime No., these are being disposed off simultaneously by this common order.

2.

These are first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and no other bail application is pending before any other Court.

3. Perused the case diary provided by the learned counsel for the State in connection with crime No. 240/2018 registered at Police Station - Amanaka Raipur, District Raipur (C.G.) for the offence punishable under Section 420/34 of the IPC.

4. Case of the prosecution, in brief is that complainant Rahul Kumar Samuddar is the resident of village Urjanagar, Gevra Project, Dipka. He had applied for the job to Tekzone Enterprises Pvt. Ltd. Company, Delhi. As told by applicant Rajkumar he had deposited Rs. 2610/- at Delhi office. He was given letter of training at Raipur. Applicant Ganga Prasad Gupta demanded Rs. 750/- from him to complete some formalities. Thereafter, he paid Rs. 750/- through Paytm. Applicant Rajkumar told him that he should deposit Rs. 2610/- again in the account of applicant Amit @ Satya Prakash.

5. Learned counsel for the applicants submits that applicants have no criminal background, they are innocent and have been falsely implicated in the present case, therefore, they shall be released on bail.

6.

On the other hand, learned counsel for the State opposes the bail application, however, submits that there is no antecedent against the applicants.

7. 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 each applicant furnishes one solvent surety for a sum of Rs.25,000/- each along with a personal bond of Rs. 25,000/- to the satisfaction of the concerned Trial Court with the condition that he will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

8. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore