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High Court Of ChhattisgarhMCRC/7091/2019allowed

Kunwarlal Gadhewal v. State Of Chhattisgarh

2020-01-17Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7054 of 2019 • Shyamlal Lahre, S/o Shri Tulsa Lahre, Aged About 22 Years, R/o Village Khajuri Navagaon (Kathakoni) Thana- Sakri, Tahsil- Takhatpur, District- Bilaspur Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through, Police Station Civil Line, DistrictBilaspur Chhattisgarh. ---- Respondent MCRC No. 7091 of 2019 • Kunwarlal Gadhewal, Son Of Late Kushal Prasad Gadhewal, Aged About 40 Years, Residence Of Village Bharari, Tikripara, Thana Ratanpur, District - Bilaspur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station - Civil Line, DistrictBilaspur Chhattisgarh. ---- Respondent For Applicants : Shri Arjun Lal Singroul, Adv.

For Respondent/State : Shri Sameer Sharma, Dy. G. A.

For Objector : Ms. Priya Sharma, Adv.

Hon'ble Smt. Justice Rajani Dubey Order on Board 17.01.2020

1. As both MCRCs arise out of same crime number, they are being heard and disposed of by this common order.

2. The accused/applicants have moved this first bail application under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 931/2018 registered at Police Station- Civil Line, District- Bilaspur (C.G.) for the offence punishable under Sections 409, 420, 467, 468, 471 r/w 34 of I.P.C.

3. The prosecution story, in brief is that, the complainant who is the Manager of the company lodged written complaint against the applicant and other co-accused persons and stated that the applicant and other co-accused persons were approved and disbursed the small loan amount in the favour of beneficiary. Thereafter, offence has been registered against the present applicants.

4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He further submits that other co-accused person has been granted bail in M.Cr.C.(A) No. 1613/2018 and the offence has been triable by the Judicial Magistrate First Class. The applicants are in jail since 19.09.2019, there is no likelihood of their case being decided in near future, therefore, the present applicants may be released on bail.

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

6. I have heard learned counsel for the parties and perused the case diary.

7. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case and further considering the facts that other co-accused person has been granted bail in M.Cr.C.(A) No. 1613/2018 and the offence has been triable by the Judicial Magistrate First Class. The applicants are in jail since 19.09.2019 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 applicants on bail. Accordingly, the application is allowed.

8. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 50,000/- each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Judge Ruchi