Yashwant Kumar Dansena v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7553 of 2019 • Yashwant Kumar Dansena S/o Salikram Dansena Aged About 29 Years R/o Village Bade Dumarpali, Tahsil Kharsiya, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ---- Applicant
Versus
• State Of Chhattisgarh Through Police Station Punjipathara, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------- For Applicant : Shri Sanjay Agrawal, Advocate For Respondent/State : Shri Sameer Sharma, Dy. G.A.
-------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 02.01.2020 1.
Heard.
2.
This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.111/2018, registered at Police Station Punjipathara, District Raigarh(CG) for the offence punishable under Sections 420/34 of the IPC. 3.
As per the case of prosecution, the complainant lodged a report that the applicant and other co-accused borrowed 26300 litres of diesel amounting to Rs.17,27,511.30 from his Petrol Pump in the name of different persons fraudulently presenting himself as Contractor of TRN Company, Tenda Nawapara and stating that there is huge requirement of same and thereby committed cheating.
4.
Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely
implicated in the crime. He submits that the applicant is in jail since 27.9.2019 and trial may take some time for its final disposal therefore, the applicant may be released on bail. 5.
On the other hand, learned counsel for the State opposes the bail application.
6.
Perused the entire material available on record. 7.
Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and the detention period of the applicant and further considering that the offence is triable by Magistrate First Class, I am of the opinion that present is a fit case to release the applicant on bail.
8.
Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.
9.
It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.
10.
Certified copy as per rules.
Sd/ (Rajani Dubey) JUDGE sunita