NAFR HIGH COURT of CHHATTISGARH, BILASPUR MCRC No. 7653 of 2023 Ketan Bhoi S/o Late Shri Chapo Bhoi Aged About 64 Years R/o Village- Lendharjori, Police Station- Dongaripali, District- Sarangarh- Bilaigarh (C.G.)

---- Applicant (In Jail)

Versus State Of Chhattisgarh Through S.H.O. Of The P.S.- Dongaripali, District-

Sarangarh- Bilaigarh (C.G.

---- Non-Applicant For Applicant : Mr. Abhishek Saraf, Advocate For Non-Applicant : Mr. Pawan Kesharwani, Panel Lawyer.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

08/11/2023

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 38/2023 registered at Police Station-Dongaripali, District-Sarangarh-Bilaigarh, for the offence punishable under Section 409 of the IPC.

2. Case of the prosecution, in brief, the first information report has been registered on 26.07.2023 while the incident took place on 21.03.2016 when the applicant was posted as Postmaster in Branch Dongripali from 09.11.1979 to 22.03.2016, the branch post ofÏce was being operated in the house of Dasarath Sarathi located in village Dongripali. On 20.03.2016, when landlord Dasarath Sarathi informed about the lock of the post ofÏce being broken, he informed the Deputy Postmaster Baramkela who went to Dongripali Police Station along with village Kotwar and reported the matter, but the report was not registered by Dongripali Police Station. The investigation report submitted against the applicant/accused is fake, the applicant/accused has been terminated from service and forcefully made to compensate Rs. 1,22,865/- by the Postal Department without any proof of crime. On the above complaint of the complainant, offence under Section 409 of IPC has been registered against the accused/applicant and he has been arrested on 28.07.2023.

3. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in offence in question. He would further submit that applicant has been terminated from service and forcefully made to compensate Rs. 1,22,865/- by the Postal Department without any proof of crime. He would also submit that the applicant is in jail since 28.07.2023, he has no criminal antecedents, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant.

4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application.

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

6. Taking into consideration the facts & circumstances of the case, nature & gravity of offence, period of detention of the applicant since 28.07.2023, the fact that applicant is aged about 64 years, the applicant has no criminal antecedents, charge-sheet has been filed and trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case.

7. Let the Applicant-Ketan Bhoi, involved in Crime No. 38/2023 registered at Police Station-Dongaripali, District-Sarangarh-Bilaigarh, for the offence punishable under Section 409 of the IPC, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against them under Section 229