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[Cites 3, Cited by 1]

Chattisgarh High Court

Ram Kumar Dhruv @ Dukalha (Wrongly ... vs State Of Chhattisgarh 27 ... on 9 July, 2018

Author: Sanjay K. Agrawal

Bench: Sanjay K. Agrawal

                                      1

                                                                    NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                     Misc. Criminal Case No.4418 of 2018

Ram Kumar Dhruv @ Dukalha (Wrongly mention in the impugned order
Ram Kumar Dhurv), S/o Late Ratnuram Dhurv, Caste Gond, Aged about
39 years, Village Kosmandi, Thana Palari, Distt. Baloda Bazar-Bhatapara
(C.G.)
                                                           ---- Applicant

                                   Versus

State of Chhattisgarh, Through the Police Station House Officer, Out Post
Karhi Bazar, Thana City Kotwali, Baloda Bazar, Distt. Baloda Bazar-
Bhatapara (C.G.)
                                                       ---- Non-applicant

For Applicant:            Mr. Deepak Jain, Advocate.
For Non-applicant:        Mr. Anand Dadariya, Deputy Govt. Advocate.

                 Hon'ble Shri Justice Sanjay K. Agrawal

                               Order On Board

09/07/2018

   1.

The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.153/2018, registered at Police Out Post Karhi Bazar, Police Station City Kotwali, Baloda Bazar, Distt. Baloda Bazar-Bhatapara, for the offence punishable under Section 420 read with Section 34 of the IPC.

2. Case of the prosecution, in brief, is that co-accused Salim Khan obtained Rs.5 lakhs from Raju Sahu for securing employment in the court and thereby committed the offence.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case. The incident is of 26-6-2015 and FIR has been lodged on 11- 2 3-2018 and there is no allegation of obtaining money by the present applicant as there is no allegation that Salim Khan obtained money in the presence of the present applicant. The applicant is in jail since 5-4-2018.

4. On the other hand, learned State counsel opposes the application.

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

6. Considering the facts and circumstances of the case, nature and gravity of offence, role of the applicant and pretrial detention, I am of the view that it is a fit case to enlarge the applicant on regular bail. Accordingly, the application is allowed.

7. It is, therefore, directed that the applicant 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 the concerned Court for his appearance as and when directed.

Sd/-

(Sanjay K. Agrawal) Judge Soma