Shankar Rajak v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7756 of 2019 • Shankar Rajak S/o Buddhdev Prasad Aged About 47 Years By Caste - Dhobhi, R/o Village - Hunkra, Police Station - Katghora, District - Korba Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station - Deepka, District Korba Chhattisgarh.

---- Respondent For Applicant.

:

Ms. Indira Tripathi, Advocate.

For Respondent/State :

Mr. Anil Tripathi, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 21.01.2020

1. The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 63/2018 registered at Police Station : Deepka, District Korba (C.G.) for the offence punishable under Section 420 of IPC.

2. As per the prosecution case, complainant Raghuvir Prasad Namdev lodged a written report before Police Station while feeling cheated by the applicant alleging that applicant has given assurance to her son Bhunesh Prasad and one Himanshu Namdeo for providing job as a clerk in SECL Budbud and Saraipali Mines and on that assurance he obtained Rs. 6,24,000/- from complainant but the applicant

neither provided any job nor has returned his money. Based on this, after completion of investigation, offence has been registered against the applicant and he has been arrested.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. She further submits that case is pending before Judicial Magistrate First Class and the applicant is in jail since 18.09.2018 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this Hon'ble Court, therefore, he may be released on bail.

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

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

6. Considering the facts and circumstances of the case, nature and gravity of the offence, the detention period of the applicant particularly the fact that the offence is triable by Judicial Magistrate First Class, as trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him 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. 1,00,000/- 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/- (Rajani Dubey) Judge Vijay Sahu