Order on Board

08/04/2024

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. 429/2023 registered at Police Station Champa, District Janjgir-Champa (C.G.), for the offence punishable under Sections 420, 467, 468, 471, 120B and 34 of the Indian Penal Code.

2. Case of the prosecution story in brief is that on on 25/08/2023, prosecutrix made a written complaint to Station House OfÏcer, Police Station Champa stating inter-alia that applicant and other co-accused demanded money from the complainant for providing jobs in Railway Department. On the basis of the above complaint a FIR has been registered against the applicant and other co-accused under section

420, 467, 468, 471,120B, and 34 of IPC at P.S. Champa.

3. Mr. Mayank Kumar, learned counsel appearing for the applicant would submit that the applicant has not committed any offence, which has been leveled against him. The applicant has been falsely implicated and the allegation is totally baseless and he is in jail since 27.08.2023. He further submits that the one of the co-accused, namely, Varsha Rani was also granted bail by order dated 06.02.2024 in MCRC No. 398 of 2024 by the co-ordinate bench of this Court. He further submits that the conclusion of the trial is likely to take quite long time.

Therefore, he prays for grant of bail to the applicant.

4. On the other hand, Mr. Nitansh Jaiswal, learned Panel Lawyer, appearing for the State/non-applicant would oppose the bail application and submit that in the name of providing jobs to Rupesh Kumar and Ajit Kumar Sahu in the Railway Department the present applicant and other co-accused defrauded Ramesh and Rupesh of Rs 22,00,000/- and Ajit Kumar Sahu of Rs 14,00,000/-, totaling Rs 36,00,000/-. On the basis of the above report of the applicant, a case under section 420, 467, 468, 471, 120B, and 34 of the IPC was registered against the present applicant and other co-accused. He further submits that the and in a such present bail application is deserved to rejected. He also submits that the one of the co-accused, namely, Varsha Rani Sharma, who has been granted bail by this Court only on the ground that she was a lady and her account was misused by her husband i.e. present applicant.

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

6. From perusal of the case diary, it transpires that the present applicant with the other co-accused, namely Purushottam Patel and Bhajan Patel on the name of providing jobs to Ramesh Sahu, Rupesh Sahu and Ajeet Kumar Sahu defrauded total sum of Rs. 36,000,00, on the pretext of providing job to the complainants and also considering the fact that the one of the accused, namely, Varsha Rani Sharma, who has been granted bail by this Court only on the ground that she was a lady and the applicant was her husband and her account was misused, so far as the applicant is concerned, he has taken money along with the two co-accused persons whose bail application has already been rejected by this Court vide order dated 07.11.2023 in MCRC No. 6744 of 2023.

7. Accordingly, the bail application of the applicant – Vidhan Bairagi, filed under Section 439 of the Cr.P.C., involved in Crime No. 429/2023 registered at Police Station Champa, District Janjgir-Champa (C.G.), for the offence punishable under Sections 420, 467, 468, 471, 120B and 34 of the Indian Penal Code, is rejected.

8. However, this Court hopes and trust that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law as expeditiously as possible, within a period of six months from the receipt of a certified copy of this order, if there is no legal impediment.

9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.

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