Rakesh Kartik Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7930 of 2019 • Rakesh Kartik Singh S/o Shri Kartik Singh Aged About 36 Years, Permanent Address 13 Number Fakri, Chakrawarty Lane, Police Station Bartulla, Kalkatta West Bengal Present Address New Om Complex, Flat No. 203, Building No. 14, Shanti Vidhya Hathkeshwar Meera Road (East) Thane Maharastra, District : Thane, Maharashtra.

---- Applicant

Versus

• State Of Chhattisgarh, Through : The Police Station Devendra Nagar, Raipur District Raipur, Chhattisgarh.

---- Respondent For Applicant :

Mr. Atanu Ghosh, Adv.

For Respondent/State :

Mr. Anurag Verma, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 03/02/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 214/2018 registered at Police Station-Devendra Nagar, Raipur, District - Raipur (C.G.) for the offence punishable under Sections 419, 420 of the IPC and 66, 66-B, 66-C, 66D of I.T. Act.

2. The prosecution story, in brief, is that an FIR was lodged by complainant Mahesh Kumar Rathi, who is Chief Executive OfÏcer of Commercial cooperative Bank, stating that the current account of the present complainant which was operated from the Yas Bank Civil Line, Raipur. On 06.11.2018 at the time of closing there over 440.53 lakhs

were the closing amount, again on 07.11.2018 when he tallied the amount it was found that Rs. 2.47 crore was missing, which was transferred to 26 different accounts, thus the police has started to investigate and the present applicant has been arrested and offence has been registered.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the applicant is in jail since 07.11.2018, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

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

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the facts that the applicant is in jail since 07.11.2018 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 1,00,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu