Ramnarayan Nayak v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9390 of 2018 • Ramnarayan Nayak, S/o Lochan Prasad, aged about 52 Years, R/o Village Kotmi, P. S. and Tashil Dabhara, District: Janjgir Champa Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Dabhara, Civil and Revenue District: Janjgir Champa Chhattisgarh.

---- Respondent __________________________________________________________ For Applicant :

Mr. Harshwardhan Jaiswal, Advocate.

For Respondent :

Mr. Avinash K. Mishra, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 12/12/2018

1. This bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.202/2017 registered at Police Station- Dabhara, District- Janjgir-Champa(C.G.) for the offence punishable under Sections 420, 467, 468, 471, 34 of the Indian Penal Code.

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. He is in jail since 10.11.2018. No case is made out against him. Similarly placed coaccused person has been granted bail by this Court. Hence, it is

Page No.2 prayed that this applicant may also be enlarged on regular bail.

3. Learned State counsel opposes the bail application and submissions made in this respect.

4. Heard both the parties and perused the case diary.

5. The prosecution case is this, that co-accused Awadhram Sidar in capacity of Sarpanch of Gram Panchayat, Kotmi, with the assistance and collaboration of this applicant, issued fake bills for withdrawing the amount from the State Exchequer and, thereafter, issued cheques for payment towards the purchase of water supply equipments without following the norms and rules and both have jointly embezzled an amount of Rs.15,66,220/-. Hence, this case.

6. As the case is now before the trial Court after filing of charge-sheet and similarly placed co-accused has been granted regular bail by this Court, for this reason, I am of this view that this is a fit case where applicant should be released on regular bail.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha