Kailash Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 10069 of 2018 • Kailash Singh S/o Shri Baban Singh Aged About 35 Years R/o Nirmal Nagar, Natraj Society, Plot No. 25, Borewada Nagpur, Tahsil And District- Nagpur, Maharashtra.

---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station- New Rajendra Nagar, Raipur, District- Raipur, Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicant : Shri Shivendu Pandya, Advocate.

For Respondent/State : Shri UKS Chandel, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 22/01/2019

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime no. 174/2018, registered at Police Station New Rajendra Nagar, District Raipur (C.G.) for the offence punishable under Section 420, 120 (B)/34 of IPC.

2. As per prosecution story, the Applicant along with other co-accused person doing the work of worship in different places and regarding this an advertisement was published in the daily newspaper which has been seen by the complainant namely Suraj Sharma, at that time the complainant suffering from various problems due to this reason he contacted the co-accused person to solve his problems. Allegedly the co-accused has obtained some money and gold from him to solve his problems but neither his problems have been solved nor his money and gold have been returned by the co-accused. Allegation against the present Applicant is that he introduced the complainant to the co-

accused person. The Applicant is in custody since 16.09.2018.

3. Learned counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. There is no evidence available on record against the Applicant on the basis of which any offence can be made against him. He further submits that the Applicant is in custody since 16-09-2018 and trial will likely to take some time, therefore, the Applicant may be released on bail.

4. Per contra, learned counsel appearing on behalf of State opposes the bail application.

5. I have heard learned Counsel for both the parties.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the Applicant is in custody since 16-09-2018 and trial will likely to take some time, without further commenting on merits of the case, I am inclined to release the Applicant on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one surety for the like amount to the satisfaction of the trial court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Shubham Judge