High Court Of ChhattisgarhMCRC/8228/2019allowed

Kapileshwarpuri Goswami And ANR. v. State Of Chhattisgarh

2020-01-03Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8228 of 2019

1. Kapileshwarpuri Goswami S/o Lt. Gurudutt Goswami, Aged About 30 Years R/o Sell Vihar Mangala Bilaspur, Police Station Civil Line, District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

2. Naween Tiwari S/o Rajkumar Tiwari Aged About 28 Years R/o Uslapur, Police Station Civil Line Bilaspur, District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through The Police Station - Sarsiva, Balodabazar, District - Balodabazar Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Respondent For Applicant :

Shri Ritesh Sharma, Advocate.

For Respondent :

Shri Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 03/01/2020

1. The accused/applicants have moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No.396/2019 registered at Police Station - Sarsiva, Balodabazar (C.G.) for the offence punishable under Sections 420, 467, 468, 34 of the IPC.

2. It is the case of the prosecution that complainant lodged a report that the applicants have obtained money from him on account of providing govt. job and issued a fake appointment letter.

3. Learned counsel for the applicants submits that on account of enmity they have been falsely implicated in the case. He

further submits that as the applicants are in custody since 28.11.2019 and they have comprised the matter and the trial is likely to take some time for its final disposal, they may be released on bail.

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

5. Considering the facts and circumstances of the case, in particular the nature of allegations against the applicants and the detention period, I am of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.

6. Accordingly, the application filed under Section 439 Cr.P.C. is allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in sum of Rs.50,000/- with one surety each in like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed till the disposal of the trial.

7. Certified copy, as per rules.

Sd/ (Rajani Dubey) Judge sunita