High CourtsSingle Bench

Devcharan Chandra vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 24 May 2021 · Citation: (2021) 05 CHH CK 0155

HON’BLE JUDGES
Narendra Kumar Vyas, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 420 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Disposed Of
CASE NUMBER
Miscellaneous Criminal Case (MCRC) No. 1754 Of 2021
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Judgment

19 paragraphs · 375 words

Narendra Kumar Vyas, J

1.

The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail as he is in

jail since 05.02.2021 in connection with Crime No. 51/2021 registered at Police Station Vidhansabha, Raipur (C.G.) for the offence punishable under

Section 420 of IPC.

2.

Case of the prosecution, in brief is that the applicant has secured government job on the post of computer operator with the help of fake

appointment letter. The investigation was conducted and offence under Section 420 IPC was registered against him.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case, in fact, he has been defrauded by one

Umesh Chandra. The applicant has also intimated details of Umesh Chandra to the police station. He would further submit that the applicant is a

permanent resident of Janjgir and there is no possibility of the applicant to flee from the State, he is in jail since 05.02.2021 and conclusion of trial is

likely to take some time, therefore, he may be released on bail.

4.

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

5.

I have heard learned counsel for the parties and perused the case diary.

6.

Considering the facts and circumstances of the case, nature of the charge leveled against the applicant and the fact that the applicant is in jail since

05.02.2021, the offence is triable by the Judicial Magistrate First Class, charge sheet has been filed and there is no likelihood of the applicant

tampering with the evidence and that conclusion of the trial may take some time, without commenting anything on merits of the case, I am of the

opinion that it is a fit case to grant bail to the applicant.

7.

Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on his executing a personal bond for a sum of Rs.

50,000/- with two sureties of Rs. 25000/- each to the satisfaction of the concerned trial Court. He shall appear before the trial Court on each and

every date given by the said trial Court, till disposal of the trial.