Manoj Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7365 of 2019 • Manoj Sharma S/o Laxmi Narayan Sharma Aged About 50 Years Occupation Trade R/o 25/2019 Patel Colony Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Chakradharnagar, Raigarh District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh ---- Respondent For Applicant :

Shri Sanjay Agrawal, Advocate For Respondent :

Shri Vinod Tekam, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 17.1.2020

1. The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No.338/2019 registered at Police Station - Chakrdharnagar, Raigarh, District Raigarh(C.G.) for the offence punishable under Sections 429, 409, 120B of the IPC and Section 3/7 of the Essential Commodities Act.

2. Case of the prosecution is that on 26.8.2019, Food Inspector, Raigarh inspected Fair Price Shop of Jyoti Mahila Swa Sahayata Samuh, Boirdadar Raigarh and found short of stock of 554.82 qunital rice and 25 kg sugar and the stock register was also not updated.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He

submits that the applicant is a worker in the shop and he has discharged his duties as per instructions of the Swa Sahayata Samuh. He submits that the applicant is in custody since 19.9.2019 and the trial is likely to take some time for its final disposal, therefore, he may be released on bail.

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

5. Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and the applicant is a worker in the Swa Sahayata Samuh, I am of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

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

7. 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.

8. Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge sunita