Brijesh Mishra @ Pappu vs State of C.G.

Hon''ble Shri T.P. Sharma, J.—The applicant has preferred this first bail application u/s 439 of the Cr.P.C. for grant of regular bail, as he is arrested in connection with Crime No. 79/2012 (Cr. Case No. 304/2012 pending in the Court of JMFC, Durg), registered at Police Station-Bhilai Bhatti, Distt. Durg, for the offence punishable under Sections 406, 420, 407, 468 and 471/34 of the IPC. I have heard learned Counsel for the parties and perused the case diary.

Learned Counsel for the applicant submits that this is First Bail application filed on behalf of the applicant for grant of regular bail. No other application of the nature is pending or decided by this Court or by the Apex Court. The application is supported by an affidavit of Narendra Kumar Tiwari, brother-in-law of the applicant.

Learned Counsel for the applicant further submits that the applicant has not committed any offence and he has been falsely implicated in crime in question, he is in custody since 29.5.2012. Even as per case of the prosecution, the applicant is an employee of transport agency and at the instance of transport agency cement has been loaded in different trucks for destination, but instead of reaching the same to destination driver and conductor have sold the same to other persons. The present applicant has not committed any cheating and forgery, he has not directed or permitted the fake person for loading the cement, that too in trucks bearing fake registration numbers, even he has not received any money.

On the other hand, learned Panel Lawyer for the State opposes the bail application and submits that other co-accused persons have committed the offence in connivance with the present applicant who has received an amount of Rs. 75,000/- and Rs. 50,000/- has been recovered from the applicant on the basis of his disclosure statement.

On due consideration of the material collected on behalf of the prosecution, the alleged act attributed to the present applicant, the period of detention of the applicant and part played by main accused persons, I am of the view that present is a fit case to enlarge the applicant on regular bail. Accordingly, bail application is allowed.

It is, therefore, directed that if the applicant furnishes personal bond of Rs. 40,000/- with a solvent surety in the like sum to the satisfaction of the Judicial Magistrate First Class, Durg, for his regular appearance before it as and when directed, he shall be released on bail. At the time of accepting bail bond, the Court concerned shall minutely verify that whether any bail application has been decided previously by the High Court or the Supreme Court and in case the Court finds that previous bail application has been decided, the order shall automatically stand cancelled. The Court concerned shall also submit compliance report within 15 days of its compliance to the Registry of this Court.