ORDER ON BOARD

09/05/2024

1. This is the second bail application iled by the applicant under Section 439 of Cr.P.C. for grant of regular bail, as he has been arrested in connection with Crime No. 752/2023 registered at Police Station – Civil Line, District – Bilaspur, Chhattisgarh for the ofences punishable under Sections 420, 467, 468, 471, 120 (b), 34 of the Indian Penal Code, 1860.

2. Case of the prosecution is that, one Mahesh Pal lodged a report in the concerned police station alleging that the applicant had fradulently obtained Rs. 8,00,000/- (Eight Lakh Rupees) on the assurance that he will provide the applicant government job on the post of Constable through the D.G.P. Quota. Based on the report, F.I.R. was registered and during the course of investigation, it has come that the applicant has obtained money on the same assurance, from 20 other persons also and thereby, he fradulently obtained Rs. 01,15,00,000/- (One Crore, Fifteen Lakh Rupees). Applicant was arrested on 26.12.2023.

3. Learned counsel for the applicant submits that applicant is innocent, he has been falsely implicated in the instant crime, he has not committed any ofence as alleged. He submits that except the oral allegation in the F.I.R. as also, the statement recorded under Section 161 of the Cr.P.C., police has not seized any evidence to show that the persons who have made allegation of making payment of such a big amount, showcasing the source of payment of such amount and the same is also not disclosed. Investigation is complete, charge- sheet has been iled. Applicant is in jail since 26.12.2023.

Hence, he may be enlarged on bail.

4. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and would submit that from the allegation, it is apparent that the applicant had obtained money on the false assurance of providing government job on the post of Constable and thereby, cheated 21 persons. He also submits that there is one more criminal antecedent against the applicant of similar nature of the year 2022.

5. At this stage, learned counsel for the applicant submits that the applicant was granted bail in the said crime by this Court in M.Cr.C. No. 6455/2022 and thereafter, the applicant was implicated in the instant crime.

6. I have heard learned counsel for the respective parties.

7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, in particular, the fact that investigation is complete, charge-sheet is iled, ofence is triable by Judicial Magistrate First Class, period of detention, without commenting anything on the merits of the case, I am inclined to allow this application for grant of bail.

8. Accordingly, the bail application iled under Section 439 of Cr.P.C. is allowed and it is directed that applicant shall 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 Trial Court concerned on the conditions that:

(i) He shall appear before the Trial Court concerned regularly on each and every date unless exempted from appearance.

(ii)He shall not, in any manner, tamper with the prosecution witnesses.

(iii) If applicant is found involved in similar ofence in future, it will be open for the State to apply for cancellation of bail.

Certiied copy as per rules.