NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 5210 of 2022

• Sunder Singh Uike S/o Bandhu Singh, Aged About 43 Years R/o

Village Baraur, Police Station And Tahsil Marvahi, District :

Gaurela-Pendra-Marwahi, Chhattisgarh

---- Applicant

Versus

• State Of Chhattisgarh Through Sho, Police Station Marvahi,

District : Gaurela-Pendra-Marwahi, Chhattisgarh

---- Respondent

For Applicant

: Shri Vaibhav Goverdhan, Advocate

For Respondent/State

: Shri Raghavendra Verma,GA

Hon’ble Smt. Justice Rajani Dubey

Order On Board

28/07/2022

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.21/2022 registered at police station

Marwahi, District Guarela-Pendra-Marwahi (CG) for the offence

punishable under Sections 420,467,468,471 and 34 IPC.

Case of the prosecution in brief is that report was lodged by one

Virendra Singh against Shyam Das Vaishnav and Santosh Mishra

alleging that in order to provide job of peon to the wife of the

complainant in the boys hostel, Marwahi, Shyam Das has obtainend

Rs. 70,000/- and 45,000/- respectively but did not provide the job.

Further case of prosecution is that when the complainant demanded

top return the money, he informed him that he has given the money to

Santosh Mishra and he is also not returning the money. It is also

alleged that that they have obtained 1,00,000/- each from different

persons. Later on, when the investigation was going on, a written

report was lodged by one Kewal Singh alleging that in the month of

April 2022 the present applicant has obtained Rs. 1.20 lacs from his

son for providing the job of Cook in Adivasi Hostel and has thus

cheated the complainant.

Counsel for the applicant submits that the applicant has been

falsely implicated in the case. He submits that as there was some old

dispute between the applicant and the complainant therefore a false

case has been made against him. He submits that the applicant is in

jail since 11.05.2022 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.

Sd/-

(Rajani Dubey)

Judge

suguna