High Court Of ChhattisgarhMCRC/7873/2019allowed

Resham Lal Gayakwad v. State Of Chhattisgarh

2020-01-22Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7873 of 2019 • Resham Lal Gayakwad S/o Late Gulab Gayakwad Aged About 52 Years R/o Village Birejhar, P. S. Ghumka, Tahsil And District Rajnandgaon Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The District Magistrate, Durg District Durg Chhattisgarh.

---- Respondent For Applicant.

Mr. Ganesh Burman, Advocate.

For Respondent/State :

Mr. Anil Tripathi, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 22.01.2020

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. 299/2019 registered at Police Station : Pulgaon, District Durg (C.G.) for the offence punishable under Section 420 of IPC.

2. The allegation against the present applicant is that under the Government Scheme, applicant has arranged KCC Loan from the Canera Bank of Rasmada Branch to the villagers and fraudulently took half of the loan amount and cheated them. Based on that, 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. He further submits that the applicant is in jail since 02.10.2019 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, as charge-sheet has been filed and 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. 50,000/- 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