Vijay Kumar Ray v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7308 of 2019 • Vijay Kumar Ray S/o. Late Umakant Ray Aged About 58 Years Residence Of Rupoli, Thana Rupoli, District-Puniya (Bihar) Present Address Navratan Hata Ward No. 21 Thana Kehat, District-Puniya Bihar ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Ramanujganj, District Bilaspur Chhattisgarh, ---- Respondent For Applicant : Shri A.K.Yadav, Advocate For Respondent/State : Shri Samir Sharma, Dy.GA Hon'ble Smt. Justice Rajani Dubey Order On Board 17/01/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 158/2017 registered at police station Ramanujganj, district Balrampur, Ramanujganj (CG) for the offence punishable under Section420,34 IPC.

Case of the prosecution in brief is that a report was lodged by the complainant alleging that the applicant along with co-accused persons have established a company in the name of Sun Plant Agro Limited in the year 2007 and with an intention to defraud the depositors, obtained money for doubling the same and return with interest to them after five years.

Counsel for the applicant submits that the applicant has been falsely implicated in the case. He further submits that earlier when the statement was recorded, name of the applicant was not mentioned and thereafter after two years, again when the statement was recorded, his name has been mentioned. He submits that the applicant is in jail since 29.08.2019; the charge sheet has been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.

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

Having heard counsel for the parties, considered the totality of the fact, in particular the nature of allegation and the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.

It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs.1,00,000/- with one local surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna