Goverdhan Meena v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7599 of 2019 • Goverdhan Meena S/o Shri Dhansilram Meena Aged About 42 Years R/o Near Gauri Gaura Chowk, Ward No. 1, Nayapara, Durg, Police Station City Kotwali, Durg, Tehsil And District Durg Chhattisgarh. Present R/o 16th Batalian, C. A. F. , Narayanpur, District - Narayanpur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Durg, District Durg Chhattisgarh.

---- Respondent For Applicant :

Mr. Vaibhav Singh, Advocate.

For State :

Mr. Akhtar Hussain, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 04/12/2019 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing his on regular bail during trial in connection with Crime No. 818/2019 registered at Police Station - Durg District Durg (C.G.) for the offence punishable under Section 420 read with Section 34 of IPC.

• The prosecution story in brief is that, an FIR has been lodged by the complainant Dashrath Sahu alleging therein that the applicant induces the complainant in order to cheat him by inducing the complainant to transfer the amount to the tune of Rs. 3,00,000/-, Rs. 10,00,000/- and Rs. 6,50,000/- in his account. The complainant did not receive any amount. It has been further alleged that an amount of Rs. 16,50,000/- has been transferred by the son of the complainant in the account of the applicant and thereafter the applicant had

deposited the same in the account of the complainant. On the basis of above facts, offence has been registered against the applicant and he has been arrested.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the applicant is in jail since 22.10.2019, and he is ready to furnish adequate surety and shall abide by all the directions and conditions which may imposed by this Court, therefore, the present applicant may be released on bail.

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

• I have heard learned counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicant, and further considering the fact that no objection has been made by the complainant before the trial Court, since the offence is triable by Judicial Magistrate First Class and 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 applicant on bail. Accordingly, the application is allowed.

• Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local sureties in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge Vijay Sahu