High CourtsSingle Bench

Pintu @ Pretam Thakur vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 27 September 2019 · Citation: (2019) 09 CHH CK 0174

HON’BLE JUDGES
Sanjay K. Agrawal, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 119, 120B, 182, 211, 409, 419, 420, 467, 468, 471
RESULT
Allowed
CASE NUMBER
Misc. Criminal Case No. 6042 Of 2019
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Judgment

19 paragraphs · 356 words

Sanjay K. Agrawal, J

1.

The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail

during trial in connection with Crime No.360/2014, registered at Police Station Bodhghat, District Bastar, for the offence punishable under Sections

467, 468, 471, 472, 419, 420, 409, 119, 182, 211, 120B read with Section 34 of the IPC.

2.

This is the fourth bail application filed on behalf of the applicant for grant of regular bail.

3.

Case of the prosecution, in brief, is that the applicant along with other co-accused by forged documents and bills, withdrawn Rs.1,38,86,538/- and

thereby committed the offence.

4.

Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in the case, he

was only the employee of co-accused Pankaj Kela who had complete control over the entire amount and the transaction in question. The applicant has

no role to play in the offence in question. The applicant is in jail since 3-7-2015. Charge-sheet has been filed and no custodial interrogation of the

applicant is required. Learned counsel would further submit that the Supreme Court on 9-8-2019 has granted liberty to the applicant to approach the

High Court and to consider his bail application unfettered by the previous order.

5.

On the other hand, learned State counsel would oppose the application.

6.

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

7.

Taking into consideration the nature and gravity of offence, facts and circumstances of the case and particularly, taking into consideration the fact

that the applicant is in jail since 3-7-2015 and has completed more than three years in jail, I am of the view that it is a fit case to enlarge the applicant

on regular bail. Accordingly, the application is allowed.

8.

It is, therefore, directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like

sum to the satisfaction of the concerned Court for his appearance as and when directed.