High CourtsSingle Bench

Suresh Kumar Chouhan vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 20 March 2020 · Citation: (2020) 03 CHH CK 0039

HON’BLE JUDGES
Rajani Dubey, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 409, 420, 465, 466, 468 · Essential Commodities Act, 1955 — Section 3, 7
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case (MCRC) No. 559 Of 2020
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Judgment

8 paragraphs · 269 words

@JUDGMENT-JUDGMENT

Rajanbi Dubey, J

The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 835/2018 registered at police station Kharsiya, district Raigarh (CG) for the offence punishable under Sections 409,420,465,466 and 468/34 IPC and Sections 3 & 7 of the Essential Commodities Act, 1955.

As per prosecution case, report was lodged against the applicant that he is alleged of making fraudulent entries of selling food grains as a retailer at Siddheshwari Mahila self-help society at village Patrapali, Kharsiya along with the co-accused.

Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the applicant is only a data entry operator and he has to do nothing with the selling of foodgrains. He submits that the applicant is in jail since 19.11.2019; charge sheet has been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.

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

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.

It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs.50,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.