Allowed

Akhilesh Soni v. State of Chhattisgarh

Chhattisgarh HC21 Sept 2022MCRC/7003/2022

Case brief

AI extract

What is this about?

The High Court allowed a second bail application filed for a delay in trial. The applicant was arrested for cheating and embezzlement. The court directed release without commenting on the merits, citing the procedural delay in framing charges over a year.

What did the court decide?

The applicant shall be released on regular bail upon furnishing a bail bond in the sum of Rs. 25,000/- with one surety in the like sum.

Akhilesh Soni Vs State of Chhattisgarh — Corruption | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT of CHHATTISGARH, BILASPUR

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MCRC No. 7003 of 2022

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Akhilesh Soni son of Shri Santu @ Santosh Soni, aged about 37 years, R/o Killapara, Khairagarh, District Rajnandgaon, Chhattisgarh

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------Applicant

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VERSUS

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State of Chhattisgarh through: Station House Officer, Police Station Khairagarh, District Rajnandgaon, Chhattisgarh

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------- Non-applicant

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For Applicant : Mr. Om Prakash Sahu, Advocate For Non-applicant/State : Mr. Ravi Bhagat, Dy. G.A. and Mr. Suyashdhar Badgaiya, Panel Lawyer

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S.B.: Hon'ble Shri Parth Prateem Sahu, Judge

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ORDER

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21/09/2022

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Applicant has filed this Second bail application under Section 439 of CrPC for grant of regular bail as he has been arrested in connection with Crime No. 175/2021 registered at Police Station Khairagarh District Rajnandgaon (C.G.) for offence punishable under Sections 407, 408, 409 and 120B of IPC.

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Case of prosecution is, that one Bhupendra Saman, Manager of CMS Info Systems Limited (hereinafter, referred to “Company”) lodged a written report with concerned Police Station stating therein that applicant was appointed as Agent in the Company for collecting sale money from Government Liquor shops and to deposit amount in Axis Bank Account of Company. During the period from 01.04.2021 till 10.04.2021, applicant has not deposited entire money collected by him, withhold amount of Rs.31,20,800/- with him and used for his own, thereby applicant embezzled money of State Government. Based on written report, aforementioned crime was registered and applicant was arrested on 10.05.2021. During the investigation, other co-accused persons by name Sanat Thakur and Karan Valmiki were also arrayed as accused in aforementioned crime.

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Learned counsel for the applicant submits that first bail application of applicant was dismissed on merits and the second bail application is filed on the ground of delay in trial. He submits that applicant was arrested on 10.05.2021. As reflecting from order sheet at page no. 19

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of this application, case was fixed before the trial court for framing of charges on 27.07.2021, but till date, even after lapse of more than one year, charges have not been framed. The order sheet of the trial Court is filed till 23.06.2022, as per his instruction on the last date fixed before the court below 19.09.2022 also charges could not be framed. He submits that the offence alleged against applicant is triable by Judicial Magistrate First Class. There are as many as 30 enlisted witnesses.

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Learned State counsel, while opposing the submissions of learned counsel for the applicant, submits that first application filed by applicant for grant of regular bail was dismissed considering the merits of the case, hence, applicant is not entitle for grant of bail.

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I have heard learned counsel for the parties.

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Taking into consideration, nature of allegations, facts and circumstances of the case, period of pre-trial detention of applicant since 10.05.2021, proceedings of court below as appearing from order-sheet Annexure A-4 and also the submission of learned counsel for applicant that on last date fixed before the court below ie. 19.09.2022 charges could not be framed, without commenting anything on merits, I am inclined to allow the bail application.

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Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that-

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a) Applicant shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

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b) The applicant shall not, in any manner, tamper with the prosecution witnesses.

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c) If the applicant is found involved in similar offence in future, it will be open for the State to apply for cancellation of Bail.

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Certified copy as per rules.

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P a w a n

Akhilesh Soni v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Akhilesh Soni v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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