High Court Of ChhattisgarhMCRC/7850/2019allowed

Vyasnarayan Sahu v. State Of Chhattisgarh

2019-12-13Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7850 of 2019 • Vyasnarayan Sahu S/o. Late Shri Firturam Sahu Aged About 50 Years R/o Village- Khorpa, P.S. Abhanpur, District Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, P.S. Abhanpur, District Raipur, Chhattisgarh.

---- Respondent For Applicant :

Mr. Goutam Khetrapal, Advocate.

For Respondent :

Mr. Akhtar Hussain, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 13/12/2019 • 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. 578/2019 registered at Police Station Abhanpur, District Raipur (C.G.) for the offence punishable under Section 420 of IPC.

• According to the prosecution story, present applicant who is an Up-sarpanch of Village Panchayat, Khorpa District Raipur has embezzled the money of the complainant in the name of allotment of Pradhan Mantri Awas Yojana from one Tameshwari Dhruw. And after getting money from the complainant, the house under the scheme was not allotted to the beneficiary, thereby the present applicant committed the alleged offence. • Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that applicant is in custody since 14.11.2019 and he is ready to furnish adequate surety and shall

abide by all the directions and conditions imposed upon him by this Court, therefore, he may be released on bail. • Per contra, learned counsel appearing on behalf of the State opposes the bail application.

• I have heard learned Counsel for the parties. • Considering the facts and circumstances of the case, nature and gravity of the case and further considering the detention period of the applicant, trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

• Accordingly, the bail application is allowed. • 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