Rajendra Sen v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 9454 of 2018 Rajendra Sen S/o Shri Harprasad Sen Aged About 35 Years R/o Flat No. 130 ,Vinayak Parisar ,Gulmohar Colony ,police Station Shahpur, Bhopal Satyam Colony Mandla Madhya Pradesh., District : Mandla, Madhya Pradesh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer ,police Station Telibandha Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

---- Respondent For the Applicant :

Shri Sanjay Agrawal, Advocate.

For the Respondent/State :

Shri Arun Kumar Shukla, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

08.04.2019 Heard.

1.

This is the second bail application of the applicant. The first bail application of the applicant was dismissed on merits. The applicant has been arrested in connection with Crime No.195 of 2018, registered at Police Station - Telibandha, District - Raipur, Chhattisgarh for the offence punishable under Sections 120B, 467, 468, 471, 472, 474 and 420/34 of the Indian Penal Code.

2.

Learned counsel for the applicant submits that the applicant is in jail since 31.3.2018 almost one year, no progress has taken place in the trial against the applicant and he is languishing in jail without any fault on his part. Hence, for these reasons, it is prayed that the applicant be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. It is submitted that he is the person who has been benefited in the offence of cheating committed in this case. Hence, the applicant is not entitled for grant of regular bail. 4.

Heard counsel for both the parties and perused the case diary. 5.

Earlier bail application, M.Cr.C. No. 5606 of 2018 was rejected on merits on 30.8.2018 only on this ground that the applicant is the main beneficiary of this case.

6.

At present, for the reason that the trial against him is getting delayed and no purpose would be served if the applicant is kept in detention for the whole period of trial, this application is allowed. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the 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. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi