Tuleshwar Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8011 of 2019 • Tuleshwar Singh S/o Fulsay Aged About 28 Years, R/o Village Parshurampur, Police Station And Tahsil Ramanujnagar, District Surajpur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : Station House Officer Police Of Police Station Ramanujnagar, District Surajpur, Chhattisgarh. ---- Respondent For Applicant :

Mr. Anil Gulati, Adv.

For Respondent/State :

Mr. Anil Tripathi, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 28/01/2020

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. 44/2019 registered at Police Station-Ramanujnagar, District - Surajpur (C.G.) for the offence punishable under Sections 420, 467, 468 471 and 120-B/34 of the IPC.

2. The prosecution story, in brief, is that complainant lodged a report that an offer was given by the applicant that if he will deposit amount of Rs. 12,00,000/- in lieu of that he will receive a sum of Rs. 21,60,000/- on that pretext, complainant has deposited Rs. 10,80,000/- on account of R.D. Singh, but the said money was not returned to the complainant. Based on this, offence has been registered against the present applicant.

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 main allegation is against the R.D. Singh and the applicant is an agent. The applicant is in jail since 24.10.2019, 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 main allegation is against the R.D. Singh and the present applicant is an agent. The applicant is in jail since 24.10.2019 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. 50,000/- 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