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High Court Of ChhattisgarhMCRC/9496/2018allowed

Ghanshyam Singh Baghel v. State Of Chhattisgarh

2019-01-07Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9496 of 2018 • Ghanshyam Singh Baghel S/o Shri Gurudev Kumar Baghel, Aged About 38 Years, R/o Village Banbhibhouri, Post Office Chhataud, Police Station/Tahsil Tilda, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Pandri, District Raipur Chhattisgarh., District : Raigarh, Chhattisgarh ----Non-applicant For Applicant - Shri Somnath Verma and Shri Ritesh Verma, Advocates. For Non-applicant/State - Shri Anant Bajpai, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 07-01-2019 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 13-08-2018 in connection with Crime No.198/2018 registered at P.S. - Pandri, District Raipur, Chhattisgarh for the offence under Section 420, 409, 467, 468, 471 r/w. 34 of the IPC. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. This applicant is not the main accused. The main accused has drawn forged cheques and made use of the account of this applicant to deposit the same regarding which this applicant was totally unaware. Similarly placed co-accused Lalram Verma has been granted bail by this Court. Hence, it is prayed that this applicant may also be granted regular bail.

3.

Learned counsel for the State/non-applicant opposes the application submitting that it is a case of huge cheating in which this applicant was also one of the parties.

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

The main accused Chitrakant Baghel in the capacity of employee of DS Construction Company prepared forged cheques in the name of DS Construction Company and made use of the same to withdraw from the bank account of the company and also transferred money through RTGS from the bank account to various other accounts. In the account held by this applicant an amount of Rs.2,38,700/- was transferred by the main accused person. 6.

After considering on the entire material present in the case diary and also for the reason that similarly placed co-accused has been granted bail by this Court, I feel inclined to allow this application. 7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the 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 Court, for his appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil