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High Court Of ChhattisgarhMCRC/146/2020allowed

Rakesh Ghritlahre v. State Of Chhattisgarh

2020-03-02Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 146 of 2020 • Rakesh Ghritlahre S/o Bhauram Ghritlahre Aged About 30 Years R/o Rasedi, Thana- City Kotwali, District- Baloda Bazar- Bhatapara, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Police Station City Kotwali Baloda Bazar, District- Baloda Bazar- Bhatapara, Chhattisgarh. ---- Respondent For Applicant.

:

Mr. Sameer Singh, Advocate.

For Respondent/State :

Ms. Reena Singh, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 02.03.2020

1. 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. 742/2019 registered at Police Station - City Kotwali, District- Baloda-Bazar, Bhatapara (C.G.) for the offence punishable under Sections 384, 419, 420 of the IPC.

2. The prosecution story in brief is that, complainant Mahendra Kumar Sahu lodged the written report before the concerned police station alleging therein that on 10.12.2019, on the assurance of allotting the patta land, the applicant has obtained total sum of Rs. 3 lacs on different occasion but neither money nor the land has been given till date. Based on that offence, after investigation, offence has been registered against the applicant and he has been arrested.

3. Learned counsel for the applicant submits that the applicant

is innocent and has been falsely implicated in the case. He further added in his submission that the charge-sheet has been filed and the applicant is in jail since 12.12.2019 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this court, therefore, the present applicant may be released on bail.

4. Per contra, State counsel 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, as the applicant is in jail since 12.12.2019 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 surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu