Vivek Kumar vs State Of Chhattisgarh

Goutam Bhaduri, J

This is the Second Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has

been arrested on 21.07.2017 in connection with Crime No. 219/2017 registered at Police Station Saraipali, Distt. Mahasamund (CG) for the offence

punishable under Sections 419, 420, 467, 468, 120-B/34 of the I.P.C. and Section 66 (C) of the Information Technology Act.

The First Bail Application bearing M.Cr.C. Nos.7125 of 2017 was dismissed on 14.12.2017.

Learned counsel for the applicant would submit that during the pendency of this case the amount of Rs.9,85,000/- has been received by the

complainant Sanjay Kumar Agrawal, which would be evident from the statement of Sanjay Kumar Agrawal (PW1) and Deepak Agrawal (PW2). She

would further submit that there is no chance of tampering of evidence as some monetary transaction exists, therefore, the applicant may be released

on bail.

Learned State counsel opposes the prayer for grant of bail, however, he is not able to dispute about the fact that the amount of Rs.9,85,000/- which

was alleged to have been taken from the complainant Sanjay Kumar Agrawal, has now been paid to him.

In view of the fact that the amount has been received by the complainant and also considering the fact that the applicant is in jail since 21.07.2017, I

am inclined to release the applicant on bail.

Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of

Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date

given by the said Court.